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The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE, 



FINAL DECISION LETTERS 



; T^ORTf/ , 



COIto 

TltfUl 

ItionI 



PROPOSED RULES 
Agriculture 

Environment, Health, and Natural Resources 
Insurance RECEIVED 



Labor 



RRC OBJECTIONS 



DEC 18 1991 



LAW LIBRARY 



RULES INVALIDATED BY JUDICIAL DECISION 



ISSUE DATE: DECEMBER 16, 1991 



Volume 6 • Issue 18 • Pages 1301-1423 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Caroli)ia 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 27447, Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 d 
whichever is less. An agency adopting a temporary 
must begin normal rule-making procedures on the 
manent rule at the same time the temporary rul 
adopted. 

NORTH CAROLINA ADMINISTRATIVE COD 

The North Carolina Administrative Code (NCAC 
a compilation and index of the administrative rul 
25 state agencies and 38 occupational licensing boa 
The NCAC comprises approximately 15,000 letter < 
single spaced pages of material of which approxim 
ly 35% is changed annually. Compilation and pub 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. I 
state agency is assigned a separate title which is 
ther broken down by chapters. Title 21 is design 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minirr 
cost of two dollars and 50 cents ($2.50) fo 
pages or less, plus fifteen cents ($0. 1 5) per 
additional page. 

(2) The full publication consists of 53 volur 
totaling in excess of 15,000 pages. It is 
plemented monthly with replacement page 
one year subscription to the full publicatio: 
eluding supplements can be purchased 
seven hundred and fifty dollars ($750.00) 
dividual volumes may also be purchased 
supplement service. Renewal subscription; 
supplements to the initial publication avail; 

Requests for pages of rules or volumes of the N 
should be directed to the Office of Administrs 
Hearings. 

NOTE 

The foregoing is a generalized statement of the 
cedures to be followed. For specific statutory langu 
it is suggested that Articles 2 and 5 of Chapter 150 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, h 
page number and date. 1:1 NCR 101-201, April 1, 

refers to Volume 1, Issue 1, pages 101 through 2( 
the North Carolina Register issued on April 1, 19 



North Carolina Register. Published bi-monthly by th 
Office of Administrative Hearings, P.O. Drawer 2744 
Raleigh, North Carolina 27611-7447, pursuant t 
Chapter 150B of the General Statutes. Subscriptior 
one hundred and five dollars ($105.00) per year. 

North Carolina Administrative Code. Published i 
looseleaf notebooks with supplement service by tr 
Office of Administrative Hearings, P.O. Drawer 2744 
Raleigh, North Carolina 27611-7447, pursuant t 
Chapter 150B of the General Satutes. Subscriptior 
seven hundred and fifty dollars ($750.00). Individu; 
volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

I\ O. Dinner 27447 

Raleigh, XC 27611-7447 

(919) 733- 2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



I. FINAL DECISION LETTERS 

Voting Rights Act 1301 



II. PROPOSED RULES 
Agriculture 

Food and Drug Protection 

Division 1303 

Environment, Health, and 
Natural Resources 

Environmental Management.... 131 5 

Radiation Protection 1367 

Wildlife Resources 

Commission 1323 

Insurance 

Agent Services Division 1303 

Financial Evaluation 

Division 1308 

Labor 
Boiler and Pressure 

Vessel 1310 

OSIIA 1309 

III. RRC OBJECTIONS 1412 

IV. RULES INVALIDATED BY 

JUDICIAL DECISION 1418 

V. CUMULATIVE INDEX 1420 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley. 

Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Schedule 

(October 1991 - December 1992) 



ssue 


I^ast Day 


Last Dav 


Earliest 


Farliest 


I^ast Day 


* 


3ate 


for 


for 


Date for 


Date for 


to 


Earliest 




Filing 


Llectronic 


Public 


Adoption 


Submit 


Effective 






Filing 


Hearing 


by 
Agency 


to 
RRC 


Date 



*****+*****♦**+***********##*************++******+********#******** 



10/15/91 

11/01,91 
11/15/91 
12/02/91 
12/16/91 
01/02 92 
01/15,92 
02/03,92 
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11 16 92 

12 01 92 
12/15,92 



09 
10 



2491 
11/91 
10 '24/91 
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11/21/91 
12 09 91 
12/20,91 
10/92 
24/92 
10/92 



01 
01 

i)2 



02 24 92 

03 1 1 92 
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05 
05 
06 
06 

OS 



11 92 
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10 92 
2492 
13/92 
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08 2592 
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11 06 92 
11/24,92 



10 01 91 
10/1891 

10 31,91 

11 1491 
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12 16.91 
12 31 91 
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02 17 92 

03 02 92 

03 18,92 

04 01 92 

04 17 92 

05 01 92 

05 18 92 

06 01 92 

06 17 92 

07 01 92 
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08 18.92 
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09 17 92 
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12,01/92 



K) 30 91 

11/16/91 

11/30/91 

12/17/91 

12/31/91 

01/17/92 

01/30/92 

02/18/92 

02 29/92 
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03 31/92 

04 16 92 
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06 30/92 

07 16/92 
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08 29/92 

09 16 92 
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12.01/92 
12/16/92 
12/30/92 



11/14 91 
12/01/91 
12 15 l M 
01/01/92 
01/15/92 
01/31/92 
02/14/92 
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03,15/92 
04/0L'92 

04 15 92 

05 01/92 
05/15/92 
05/31,92 
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07 15 92 
07/31/92 

08 14 92 

09 02 92 

09 13 92 

10 01/92 
10, 15 92 
10/31 92 
11/14/92 
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12/1692 
12/31/92 
01/14/93 



11/20/91 
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01/20 93 
01/20,93 



01/02/92 
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09 01/92 

09 01/92 

10 01/92 
10 01/92 
11/02/92 
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12 01/92 
12 01/92 
01/04/93 
01/04/93 
02/01/93 
02/01/93 
03/01/93 
03/01/93 



* The "Earliest Effective Date" is computed assuming that the agency follows 
the publication schedule above, that the Rules Review Commission approves the 
ride at the next calendar month meeting after submission, and that RRC delivers 
the ride to the Codifier of Rules five (5) business days before the 1st business 
day of the next calendar month. 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 120-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United Slates in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1 965 be published in the Sorlh Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 



JRD:RBJ:JAC:lrj 
DJ 166-012-3 
91-3578 



Voting Section 
P.O. Box 66128 
Washington, DC. 20035-6128 



November 22, 1991 



Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Croweil: 

This refers to the 1991 redistricting of the board of commissioner districts for Granville County, 
North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 
1965, as amended, 42 L.S.C. 1973c. We received your submission on October 2, 1991. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar sub- 
sequent litigation to enjoin the enforcement of the chanae. See the Procedures for the Administration 
of Section 5(28 C.F.R. 51.41). 



Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Riahts Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1301 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JRD:RBJ:JAC:lrj 

DJ 166-012-3 Voting Section 

91-3579 P.O. Box 66128 

Washington. D.C. 20035-6128 



November 22, 1991 



Michael Crowell, Esq. 
Thurrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27601 

Dear Mr. Crowell: 



This refers to the 1991 redistricting plan for the Granville County School District in Granville 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 L'.S.C. 1973c. We received your submission on October 2, 1991. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar sub- 
sequent litigation to enjoin the enforcement of the change. See the Procedures for the Administration 
of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



Gerald \V. Jones 
Chief, Voting Section 



1302 6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



TITLE 2 DEPARTMENT OF 
AGRICULTURE 



No 



otice is hereby given in accordance with G.S. 
I50B-2J.2 that the North Carolina Pesticide 
Board intends to amend rule(s) cited as 2 NCAC 
9L .0509. 

1 he proposed effective date of this action is April 
I, 1992. 

1 he public hearing will be conducted at 1:00 
p.m. on February 6, 1992 at the Agriculture 
Building. Board Room. 2 West Edenton Street, 
Raleigh, NC 27601. 

IKeason for Proposed Action: The North 
Carolina Pesticide Board is considering changing 
the requirements for licensing as a pest control 
consultant. 

C omtnent Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to John L. Smith, Secretary, 
North Carolina Pesticide Board. P.O. Box 27647, 
Raleigh, NC 27611. 



another stat e w a professional organization. 
Applicants w-ttt b<e required to successfully com 
ploto writ ton, »f written an4 oral, examination(s) 
which demonstrat e s adequate' knowledge? ef pe^- 
tinent subject matter net- specifically completed 
m academic training including knowledge e*f 
applicator state aft4 federal pesticide laws aft4 
related subject matter. 

(a) An applicant for a pest control consultant 
license must possess a Ph.D., master's, or bach- 
elor's degree in an agricultural or biological sci- 
ence from an accredited college or university with 
a minimum of 30 semester hours or 45 quarter 
hours of credit in subject areas pertinent to the 
category in which the applicant seeks to obtain 
a license. Fmphasis of study should include in- 
sect, plant, bacterial, and fungal pests, as appli- 
cable to the category', and integrated pest 
management. 

(b) The provisions of this Section shall not 
apply to anyone holding a valid North Carolina 
pest control consultant license on or before April 
1. 1^2. 

Statutory Authority G.S. 143-455: 143-460(27). 

TITLE 11 - DEPARTMENT OF 
INSURANCE 



CHAPTER 9 - FOOD AND DRl.'G PROTECTION 
DIVISION 

SUBCHAPTER 9L - PESTICIDE SECTION 

SECTION .0500 - PESTICIDE LICENSES 

.0509 CONSULTANT EDUCATION 
REQUIREMENTS 

(*) A Ph.D., master's, bachelor's, &f two year 
associate degree with training » the general area 
ef entomology, plant pathology, weed control. 
&f equivalent training pertinent to tht* category 
is required to be a licensed pesticide consultant. 

fb4 N«- e xperience is required if the abovo ed- 
ucational requirements a*e fulfilled. 

fe} 43*e chairman eA tke pesticide advisory 
committee is authorised to appoint a special 
panel to consider experience » a» afea h* he« ©f 
formal education. 

(4) ^^h^ North Carolina P e sticid e Board may- 
waive the requirement fof talang parts ef tfea 
North Carolina consultant examination provided 
the applicant ha* a Ph.D., ma -. ter s. m bachelor's 
degree » the discipline pertinent to the cat e gory 
fof which a license is desired ftft4 provided tfee 
applicant ha* demonstrated successful com 
pl e tion ef pertinent acad e mic training »f has 
passed a written e? ewai examination offered b¥ 



iV otice is hereby given in accordance with G.S. 
150B-21 .2 that the N.C. Department of Insurance 
intends to amend rule(s) cited as 11 NCAC 6 A 
W0 1 - .0807, .0809 - .0811. 

1 he proposed effective date of this action is 
March 1, 1992. 

1 he public hearing will be conducted at 10:00 
a.m. on January 17, 1992 at the Dobbs Building, 
3rd Floor Hearing Room, 430 N. Salisbury Street, 
Raleigh. N.C. 27611. 

lXeason for Proposed Action: To conform with 
legislation enacted during the 1991 General As- 
sembly. 



Cc 



omment Procedures: Written comments may 
be sent to Rick Johnson. Agent Services Division, 
P.O. Box 26387, Raleigh, N.C. 276! I. Oral 
presentations may be made at the public hearing. 
Anyone having questions should call Rick Johnson 
at (919) 733-7487 or Ellen Sprenkel at (919) 
733-4529. 

CHAPTER 6 - AGENT SERVICES DIVISION 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1303 



PROPOSED RULES 



SI BCHAITER 6A - AGENT SERVICES 
DIVISION 

SECTION .0800 - CONTINUING EDUCATION 



.(ISO I DEFINITIONS 

As used in this Section: 
( 1 ) "Cluster of courses' 



means a number of 
courses, each of which is less than 120 min- 



(2 



utcs in length, hut altogether 120 minutes 
or more in length, that are offered within 
one state or national program or conven- 
tion. 

f-H "Course'' means a continuing education 
course directly related to insurance principles 
and practices or a course designed and ap- 
proved specifically for licensees; but does not 
mean a business course of a general nature 
or an insurance marketing or sales course. 
(-4+ Credit hour" aaeaas a value assigned to- a 
course 1*¥ th*» Commissioner upon review 
a«4 approval ef course information. 

"Disinterested third party" means a person 
not concerned, with respect to possible gain 
or loss, in the result of a pending course final 
examination. 

"Distance learning" means an educational 
program in which the licensee and the in- 
structor are in different physical locations 
and interact with each other through various 
methods of telecommunication. 
5} "Insurance continuing education credit or 
iCEC " means a value assigned to a course 
bv the Commissioner after review and ap- 
proval of a course information. This term 
means the same as "credit hour" as used in 
G-S. 58-33-130. 



(3 



(4 



(6) f§) "Instructor'' means an individual who 
teaches, lectures, leads, or otherwise in- 
structs a course. 

(7) {4^ "Licensee" means a duly licensed fire and 
casualty insurance, life, accident . and health 
insurance, or accident and health insurance 
agent or broker who is required to comply 
with this Section. 

(8) pi "Supervised examination" means a 
timed, closed book examination that is 
monitored by a disinterested third party and 
graded by a nationally recognized insurance 
education program. 

(9) P^+ "Supervised individual study" means 
audio tapes, video tapes, computer pro- 
grams, programmed learning courses, and 
similar types of learning experiences that are 
completed in the presence of an approved 
instructor. 

Statutory Authority G.S. 58- 2-40; 58-33-130. 



.0802 LICENSEE. REQUIREMENTS 

(a) Life, accident, and health licensees shall 
obtain 12 credit hours ICECs during each calen- 
dar year in approved life, accident, and health 
courses, including the mandatory statute and rule 
update. 

(b) Fire and casualty licensees shall obtain 12 
cr e dit hour -. ICFCs during each calendar year in 
approved fire and casualty courses, including the 
mandatory statute and rule update. 

(c) Accident and health licensees shall obtain 
12 credit hours ICECs during each calendar year 
in approved accident and health courses, includ- 
ing the mandatory statute and rules rule update. 

(d) Any person holding more than one license 
to which this Section applies shall obtain 18 
credit hours ICECs during each calendar year, 
including the mandatory statute and rule update 
fof each license: th+s includes and a minimum of 
six credit hours ICECs for each kind of license. 

(e) An instructor may receive up to twice the 
credit hours ICECs received by the students for 
some courses but may receive no cr e dit hours 
ICECs for others, in the discretion of the Com- 
missioner. 

(f) Licensees shall not receive credit hours 
ICECs for instructing ©f taking ©f iiv . tructing wtd 
taking the same course more often than one time 
in any three calendar year period except when 
there are major revisions within the course. The 
Commissioner shall determine whether the re- 
visions are substantial enough to allow licensees 
*€► retake t+f reinstruct i+ft approved course qualify 
for additional ICECs within a three calendar year 
period. 

(g) Licensees do not have to obtain credit 
hours ICFCs for the calendar year in which they 
are initially licensed. 

(h) Licensees shall receive credit hours ICFCs 
for a course only for the calendar year in which 
the course is completed. Any course requiring 
an examination shall not be considered com- 
pleted until the licensee passes the examination. 

(i) Licensees shall not receive cr e dit hours 
ICECs for courses completed prior to January 1. 
1991. 

(j) Licensees shall maintain records of all cr e dit 
hours ICECs for three years following the ob- 
taining of such credit hours. ICECs, which re- 
cords shall be available for inspection upon the 
Commissioner's request. 

(k| Nonresident licensees who meet continuing 
education requirements in their home states meet 
the continuing education requirements of this 
Section. Nonresident licensees whose home 
states have no continuing education requirements 
shall meet the credit hour requirements of this 



1304 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



Section, except for the mandatory statute and 
rule update. 

(I) Licensees will be required to complete only 
the mandatory statute and rule update each year 
if they: 

( 1 ) are age 65 or older; and 

(2) have been continuously licensed in the line 
of insurance for at least 25 years; and ei- 
ther 

(3) hold a nationally recognized professional 
designation for the line of insurance. Ac- 
ceptable designations include those listed 
in 1 1 NCAC 6A .0803 (a) and (b); or 

(4) meet the requirements of Subparagraphs 
(1) and (2) of this Paragraph and certify 
to the Department of Insurance annually 
they are inactive agency owners who nei- 
ther solicit applications for insurance nor 
take part in the day to day operation of 
the agency. 

(m) Courses completed prior to the issue date 
of a new license do not meet the requirements 
of this Section for that new license. 

(n) No credit will be given for courses taken 
before thev have been approved by the Depart- 
ment. 

Statutory Authority G.S. 58-2-40; 5S-33-J30. 

.0803 COURSES SPECIFICALLY APPROVED 

(a) Courses that are necessary' to obtain the 
following nationally recognized designations are 
approved as they exist on the effective date of this 
Section for 30 credit hours 18 ICECs upon suc- 
cessful completion of the national examination 
for each part: 

(1) Accredited Advisor in Insurance (AAI); 

(2) Associate in Claims (AIC); 

(3) Associate in Loss Control Management 
(ALCM); 

(4) Associate in Risk Management (ARM); 

(5) Associate in Underwriting (AU); 

(6) Certified Employees Benefit Specialist 
(CEBS); 

(7) Chartered Financial Consultant (ChEC); 

(8) Chartered Lite Underwater (CLU); 

(9) Chartered Property and Casualty Under- 
water (CPCU); 

(10) Fellow Life Management Institute 
(FLMI); 

(II) General Insurance (INS); 

(12) Life Underwriter Training Council Eel- 
low, 26 week (LUTCF). 

(b) Courses that are necessary to obtain the 
following nationally recognized designations are 
approved as they exist on the effective date of this 
Section for an amount of credit hour - ' . ICECs to 



be determined by the Commissioner's evaluation 
process: 

( 1 ) Agency Management Training Course 
Graduate; 

(2) Certified Insurance Counselor (CIC); 

(3) Certified Insurance Service Representative 
(CISR); 

(4) Certified Professional Service Represen- 
tative (CPSR); 

(5) Fraternal Insurance Counselor (FIC); 

(6) Health Insurance Associate (HIA); 

(7) Life Underwriter Training Council Fel- 
low, 13 weeks (LUTCF); 

(8) Registered Health Underwriter (RHU). 

(c) Courses that are taught by a college or 
university that is accredited by the Southern As- 
sociation of Colleges and Schools are approved 
as they exist on the effective date of this Section 
for a number of credit hours ICECs to be deter- 
mined by the Commissioner's evaluation process. 

(d) Each course provider or designee shall 
submit a provider fee of one dollar ($1.00) per 
approved credit hour ICEC per individual that 
successfully completes the course. 

(e) The statute and rule update prepared by the 
Commissioner is approved as a mandatory com- 
ponent of each resident licensee's continuing ed- 
ucation requirement for a number of credit hours 
ICECs to be determined annually by the Com- 
missioner's evaluation process. 

Statutory Authority G.S. 5S-2-40; 58-33-130. 

.0804 CARRYOVER CREDIT 

(a) No more than 75 percent of the credit hours 
ICECs required shall be carried forward from the 
previous year. Licensees holding one license 
shall carry over no more than nine credit hours. 
ICECs. Licensees holding more than one license 
shall carry over no more than six credit hours 
ICECs for any one license. No. can ~v over credit 
will be given for Medicare supplement long-term 
care courses or for the mandator.' statute and rule 
update course. 

(b) Only whole credit hours ICECs can be 
carried over. 

Statutory Authority G.S. 58-2-40: 58-33-/30. 

.0805 CALCULATION OF ICECs 

The following standards shall be used to evalu- 
ate courses submitted for continuing education 
approval: 
(1) Programs requiring meeting or classroom 
attendance: 
(a) Courses or clusters of courses of less than 
120 minutes will not be evaluated for 



6: IS NORTH CAROLINA REGISTER December 16. 1 99 1 



1305 



PROPOSED RULES 



continuing education credit hours. 
ICECs. 

(b) Courses will not be approved for less than 
one credit hour. ICEC. 

(c) One credit hour ICEC shall be awarded for 
each 60 minutes of instruction unless the 
Commissioner assigns fewer credit houro 
ICECs based upon the evaluation of the 
submitted course materials. Courses will 
onlv be approved for whole credit hour? . . 
ICECs. 

(d) Course providers must properly monitor 
participants for attendance and attention. 

(2) Independent study programs: 

(a) Independent study programs qualify for 
continuing education only when there is 
a pro ctci red supervised examination. ad- 
ministered by a disinterest e d third party, 
such a* a testing center. a«4 graded by fee 
course provider. No examination admin- 
istered or graded by insurance company 
personnel for its own employees will be 
considered to be administered by a disin- 
terested third party. 

fbf Only those courses feat huvo boon ap- 
proved by fee Commissioner fe advance 
v411 be considered fef cr e dit hours. 

(b) (e} Each course shall be assigned a partio 

ww cr e dit hour w hours aft4 such credit 
hour w hours . w+U ICECs, which shall be 
awarded upon the successful passing of 
such proctorod the supervised examina- 
tion. 

(3) Distance Learning Programs: 

(a) Distance learning qualifies only when an 
approved instructor is available to re- 
spond to questions and to maintain at- 
tendance records. 

(b) Any organization sponsoring a teleconfer- 
ence shall have a person approved to be 
an on-site instructor. 

Statutory Authority G.S. 58-2-40; 58-33- 1 30. 

.0806 ATTENDANCE 

( a ) Meeting w classroom courses with He- exam: 
{M It few credit hours six ICECs or less are as- 
signed to a course, the licensee must attend 100 
percent of the course to receive anv credit. 
ICECs. 

Q^t U more feaft few credit hours aw assigned 

to a course, the lic e nse e must att e nd a 

minimum ef W4 percent »f the course to 

receive a«y credit. 

ffe Meeting w classroom programs w-ife e#- 

ams: 



(+> tf few credit hours w less are uosigned to 
a course. fee licens e o must attend +0Q 
percent ©f- fee course to receive - a«y credit. 

(b) £3) If more than few credit hours six ICECs 
are assigned to a course, and the licensee passes 
the exam and attends at least 80 percent of the 
course, the licensee shall receive 100 percent of 
the credit hours ICECs assigned to the course. 

(c) fe+ If more than few credit hours six ICECs 
are assigned to a course, and the licensee fofe> 
does not pass the exam but attends at least 80 



percent of the course, the licensee shall receive 
SO 80 percent of the credit hours ICECs assigned 
to the course. 

Statutory Authority G.S. 58-2-40; 58-33-130. 

.0807 HARDSHIP 

A licensee may appeal for relief to the Com- 
missioner by January 1 5 of the year immediately 
following the calendar year for which the mini- 
mum required credit hours ICECs were not ob- 
tained. Upon a finding of reasonable cause, the 
Commissioner may extend the time for the 
licensee to complete the requirement. 

Statutory Authority G.S. 58-2-40; 58-33-/30. 

.0809 APPROVAL OF COURSES 

(a) Providers of all courses specifically ap- 
proved under 11 NCAC 6A .0803 must file 
copies of program catalogs, course outlines, 
copies of advertising literature, a filing fee of one 
hundred dollars ($100.00) w fee total ee*+ to wte 
student talcing fee course, whichever is greater, 
per course u£ to a two thousand five hundred 
dollar ($2,500) a year maximum, and any other 
documents or related materials that the Com- 
missioner requests, pnor to January 1, 1991. and 
within 30 days of any changes to such programs 
in the future. 

(b) All providers of courses not specifically 
approved under 1 1 NCAC 6A .0803 must do the 
following: 

(1) Any individual, school, insurance corn- 
pan)', insurance industry association, or 
other organization intending to provide 
classes, seminars, or other forms of in- 
struction as approved courses shall apply 
on forms provided by the Commissioner; 
pay a tiling fee of one hundred dollars 
($100.00) w fee total ee*t to w*e student 
taking fee course, whichever is greater, per 
course u£ to a two thousand five hundred 
dollar ($2.500) a year maximum and pro- 
vide the requested number of copies of 
detailed outlines of the subject matter to 
be covered, copies of handouts to be 



1306 



6: 18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



given, the qualifications of each instructor, 
and other information requested by the 
Commissioner to support the request for 
approval. 
£3) 44*e outlin e shall include a statement ef 
the method used to determine wheth e r 
there wili be meaningful attainments e£ 
education by licensees to be c e rtifi e d upon 
their satisfactory completion ef- the 
course. Such m e thod may- be a written 
examination, a wntten report, certification 
ef attendanc e only, »f oth e r m e thods ap- 
provod by the Commissioner. The »«t- 
fee shall describe the method trf 
presentation. 

(2) (tH Providers of supervised individual study 

programs must file the requested number 
of copies of the study programs. Extra 
copies will be returned to a provider after 
course approval if a return fee is paid in 
advance. 

(3) (4+ Such applications and accompanying 

information must be received by the 
Commissioner at least 30 days prior to the 
intended beginning date of the course. 

(4) fS} The Commissioner shall approve or 
deny the application; and shall indicate 
the number of cr e dit hours ICl'Cs that 
have been assigned to the course if ap- 
proved. If a course is not approved or 
disapproved within 60 days after receipt 
of all required information, the course is 
deemed to be approved at the end of the 
60-day period. 

(5) (-64 If a course approval application is de- 

nied, a written explanation of the reason 
for such action shall be furnished with the 
denial. 
(c) Course approval applications must include 
all of the following forms and attached informa- 
tion in exactly the following order: 

(1) A cover letter with payment of a filing fee 
of one hundred dollars ($100.00) &f the 

1 1 "i 1 ' 1 1 Bflfli * ' i ' > '^ ■ > I ii * ' - !'»'* t ■ ■ I* t ti I ■ i t-i . k I ) 1 1 1 i «-. . | 

whichever & great or. per course attached 
with separate paragraphs for the follow- 
ing: 

(A) a request that the course be evaluated: 

(B) for whom the course is designed: 

(C) the course objectives; 

(D) the names and duties of all persons who 
will be affiliated in an official capacity 
with the course; and 

(E) the course provider's tuition and fee 
refund policy; 

(E) an outline that shall include a statement 
of the method used to determine whether 



there will be meaningful attainments of 
education by licensees to be certified upon 
their satisfactory' completion of the 
course. Such method may be a written 
examination, a wntten report, certification 
of attendance only, or other methods ap- 
proved by the Commissioner. The out- 
line shall describe the method of 
presentation; 

(2) The course content outline with instruc- 
tion hours assigned to the major topics; 

(3) Instructor qualification form and instruc- 
tor resume if not previously approved; 

(4) Schedule of dates, beginning and ending 
times and places the course will be offered, 
along with the names of instructors for 
each course session. Schedules shall be 
submitted at least 30 days in advance of 
any subsequent course offerings but it will 
not be necessary that courses be resub- 
mitted unless there are substantial changes 
in content; and 

(5) a copy of the course completion certificate. 

(d) The Commissioner may waive any part of 
this Section for programs offered by the Univer- 
sity of North Carolina system schools and or the 
North Carolina Department of Community 
Colleges. 

(e) A provider may request that its materials 
be kept confidential if they are of a proprietary 
nature. The Commissioner will review and 
promptly return such extra copies of materials if 
a return fee is paid in advance. 

(f) Courses awarded more than six ICl'Cs must 
have an exam. No course shall have more than 
six hours of instruction daily. 

(g) Cancelled course schedules must be sub- 
mitted five days before the scheduled course of- 



fering. 



five day 
All students 



belore the m'Iic 

scheduled to attend the 



cancelled course must be informed of the cancel- 



lation. 

Statutory Authority G.S. 5S-2-40; 58-33-130. 

.0810 ADVERTISING 

fa) This Rules applies to for profit course p«*- 
viders. 

(a) fbf Courses shall not be advertised as ap- 
proved for credit hours ICPCs unless such ap- 
proval has been granted by the Commissioner in 
writing. 

(b) (e4 When a course has been approved for 
credit hours ICECs and is advertised as such, the 
advertisement shall include: 

( 1) the provider name, assigned provider 
number, course title, and assigned course 
number; 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1307 



PROPOSED RULES 



(2) (4) the number of approved credit hour; . ; 

IC1 Cs; 

(3) (3j the type of licensee for whom the course 

would be most applicable; and 

(4) (4} all fees and associated expenses. 

(c) (4) Advertisements shall be complete, 
truthful, clear, and not deceptive or misleading. 

(d) (e) The Commissioner may withdraw his 
approval of any violator to provide or conduct 
courses. 

Statutory Authority G.S. 58-2-40; 5S-33-/30. 

.081 1 SANCTIONS FOR NONCOMPLIANCE 

(a) This Rule establishes sanctions for licensees 
who fail to complete their annual continuing ed- 
ucation requirements and for licensees, course 
providers, *»4 course provider personnel, course 
presenters, course presenter personnel, and 
course instructors who falsify any records or 
documents in connection with the continuing 
education program or who do not comply with 
G.S. 58-33-125 or this Section. 

(b) The failure of a licensee to meet the annual 
continuing education requirement shall result in 
the cancellation of his or her license for the sub- 
sequent calendar year. The license will be rein- 
stated upon proof that the licensee has completed 
the continuing education requirements and sub- 
sequently passed the agent's licensing examina- 
tion by July 1 of each year of cancellation. If 
requirements for reinstatement are not completed 
by July 1. the licensee will be required to com- 
plete the full pre-licensing education requirement 
and pass the agent's licensing examination before 
the license will be reinstated. 

(c) The Commissioner may suspend, revoke, 
or refuse to renew a license for any of the fol- 
lowing causes: 

(1) Failure to timely respond to insurance 
department inquiries, including continu- 
ing education audit requests. 

(2) Requesting an extension or waiver under 
false pretenses. 

(3) Refusing to cooperate with insurance de- 
partment employees in an investigation 
or inquiry. 

(d) The Commissioner may suspend, revoke, 
or refuse to renew a course provider's, presenter's 
or instructor's authority to offer courses for any 
of the following causes: 

(1) Advertising that a course is approved be- 
fore the Commissioner has granted such 
approval in writing. 

(2) Submitting a course outline with material 
inaccuracies, either in length, presentation 
time, or topic content. 



(3) Presenting or using unapproved material 
in providing an approved course. 

(4) Failing to conduct a course for the full 
time specified in the approval request 
submitted to the Commissioner. 

(5) Preparing and distributing certificates of 
attendance or completion before the 
course has been approved. 

(6) Issuing certificates of attendance or com- 
pletion prior to the completion of the 
course. 

(7) Failing to issue certificates of attendance 
or completion to any licensee who satis- 
factorily completes a course. 

(8) Failing to promptly notify the Commis- 
sioner of suspected or known improper 
activities including attendance and atten- 



(9) Any violation of the North Carolina 
General Statutes or Administrative Code. 
(10) Failing to diligently monitor attendance 
and attention of attendees. 

(e) A auip . c provider i* Coarse providers and 
presenters are responsible for the activities of 
persons conducting, supervising, instructing, 
proctoring, monitoring, moderating, facilitating, 
or in any way responsible for the conduct of any 
of the activities associated with the course. 

(f) In addition, the Commissioner may require 
any one of the following upon a finding of a vi- 
olation of this Section: 

(1) Refunding all course tuition and fees to 
licensees. 

(2) Providing licensees with a suitable course 
to replace the course that was found in 
violation. 

(3) Withdrawal of approval of courses spon 
sored offered by such provider, presenter, 
or instructor for a period determined by 
the Commissioner. 

fg} 44+e Commissioner may suspend, revok e , 
e* refus e to renew t4^ insurance licenses ef pf*>- 
vidor personnel fof noncompliance with G.S. 
5S 3i 130 eg&ts Section. 

Statutory Authority G.S. 58-2-40; 58-33-130. 

****************** 



J\ otice is hereby given in accordance with G.S. 
150B-2I .2 that the S.C. Department of Insurance 
intends to adopt rule(s) cited as II XCAC 1IC 

.0131. 

1 he proposed effective date of this action is May 
1. 1992. 



130$ 



6:18 NORTH CAROLINA REGISTER December 16, 199! 



PROPOSED RULES 



1 he public hearing will be conducted at 10:00 
a.m. on February 18, 1992 at the Dobbs Building, 
3rd Floor Hearing Room, 430 N. Salisbury Street, 
Raleigh, N.C. 27611. 

lxeason for Proposed Action: To conform with 
recent legislation enacted by the N.C. General 

Assembly. 

i^omment Procedures: Written comments may 
be sent to Ray Martinez, P.O. Box 26387, 
Raleigh, N.C. 2761 1. Oral presentations may be 
made at the public hearing. Anyone having 
questions should call Ray Martinez at (919) 
733-2002, or Ellen Sprenkel at (919) 733-4529. 

tLditor's .Note: This Rule has been filed as a 
temporary rule effective Januaiy 1, 1992 for a 
period of ISO days to expire on June 29, 1992. 



CHAPTER II 



FINANCIAL EVALUATION 
DIVISION 



SUBCHAPTER I IC - ANALYSIS AND 
EXAMINATIONS 

SECTION .0100 - GENERAL PROVISIONS 

.0131 VALUATION OF DEBT SECURITIES 

The investments in bonds and other evidences 
of indebtedness specified in G.S. 58-7-190 shall 
be valued in accordance with the procedures and 
instructions contained in the Valuations of Sccu- 
rities Manual of the National Association of In 



J\eason for Proposed Action: The reason for the 
proposed action is to clarify for employers which 
standards places of employment must conform to. 

K^omment Procedures: People wanting to pres- 
ent oral testimony at the hearing should provide a 
written summary of the proposed testimony to the 
department by January 10, 1992. Written com- 
ments will be accepted until the close of the hear- 
ing. Direct all correspondence to Bobby Bryan, 
NC Department of Labor, 4 W. Edenton Street, 
Raleigh, NC 27601. 

CHAPTER 7 -OSHA 

SUBCHAPTER 7C - SAFETY AND HEALTH 

SECTION .0100 - GENERAL INDUSTRY: 
CONSTRUCTION AND AGRICULTURE 

.0107 BUILDING CODE 

(a) Except as specified in Paragraph (b) of this 
Rule, all places of employment newly occupied 
after the effective date of this Rule shall be con- 
structed, maintained, and occupied in accordance 
with the standards set out in Chapters 2 through 
i2 of the Standard Building Code of the South- 
ern Building Code Congress International (1991 
edition) which is hereby incorporated by refer- 
ence. This incorporation shall not include any 
subsequent amendments or editions of tliis code. 
Copies of this code may be obtained from the 
Southern Building ("ode Congress International. 
900 Montclair Road. Birmingham, Alabama 
3S213-120ft, for sixty dollars (SftO.OO). 



surance Commissioners unless the Commissioner M Ife Standard Building Code shall be sujv 
deTeTmTnes that a more c^e~n~mve valuation is l££t 1° $£ foU °""}S modifications: 



appropriate. 

Statutory Authority G.S. 58-2-40: 58-7-190. 
TITLE 13 - DEPARTMENT OF LABOR 

iV otice is hereby given in accordance with G.S. 
150B-2/.2 that the Department of Labor intends 
to adopt rule(s) cited as 13 NCAC 7C .0107 - 
.0109. 

1 he proposed effective date of this action is 
March 1, 1992. 

1 he public hearing will be conducted at 2:00 
p.m. on January 15, 1992 at the Third Floor 
Boardroom, Education Building. 116 West 
Edenton Street, Raleigh, N.C. 



( 1 ) Section 50ft. ft. 2 ft Sequential and Selec- 
tive Operation. Add a sentence to read: 
"Hydraulic elevators which do not serve 
more than three floors shall be designed 
and installed with their own emergency 
poyver to complete the lowering process." 
Section 701.1.2. Table 700. Elevator shaft 
enclosures and elevator machine rooms 
shall have a two-hour fire resistive rating 



m 



and the opening protectives shall have a 
one and one-half hour tire resistive rating 



(3) Section 2402.6.3. Vents. Delete the last 
sentence in the first paragraph and add in 
its place a sentence to read as follows: 
"Vents may be closed when designed to 
be opened automatically if a smoke de- 
tector and heat detector located at the tojs 
of the hoistway is activated." 

Statutory Authority G.S. 95-/31. 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1309 



PROPOSED RULES 



.0108 LIFE SAFETY CODE 

All places of employment shall be designed, 
constructed, maintained, and occupied in ac- 
cordance with the standards set out in the 1991 
edition of the Code for Safety to 1 ife from lire 
in Buildings and Structures. ANSI NI PA 101, 
which is hereby incorporated by reference. This 
incorporation shall not include any subsequent 
editions or amendments to this code. Copies of 
this code may be obtained from the National Tire 



Cc 



Protection Association, 



Battervmarch 



irk. 



Quincv, Massachusetts 0226s), for twenty-seven 
dollars and fifty cents ($27.50). This rule super- 
sedes any standards based on earlier editions of 
the I ife Safety Code. 



Statutory Authority G.S. 95-/3/. 

.0109 FIRE PREVENTION CODE 

All places of employment shall be maintained 
and occupied in accordance with the standards 
set out in Chapters 2 through 43 of the Standard 
lire Prevention Code of the Southern Building 



Code Congress International (1991 



;dit 



ion) 



which is hereby incorporated by reference. I his 
incorporation shall not include any subsequent 
amendments or editions of this code. Copies of 
this code ma\ be obtained Irom the Southern 
Building Code Congress International, 900 
Montclair Road, Birmingham, Alabama 
35213-1206. for forty-five dollars ($45.00). 

Statutory Authority G.S. 95-131 . 



****************** 



lyotice is hereby given in accordance with G.S. 
I50B-2I.2 that the Department of Labor intends 
to amend rule(s) cited as 13 XCAC 13 .0/0/, 
.0203, .0205, .0211, .02/3, .04/5. 

1 he proposed effective date of this action is 
March I, 1992. 

1 he public hearing will be conducted at 2:00 
p.m. on January 13. 1992 at the Third Floor 
Boardroom, Education Building, 116 
Edenton Street, Raleigh. N.C. 



1 1 'est 



R t 



reason for Proposed Action: This action will 
increase and restructure to simplify the fees 
charged by the Boiler and Pressure Vessel Divi- 
sion, allow certain boilers and pressure vessels 
which have operated in other states to operate in 
North Carolina, and make other clarifying 
changes in the rides governing boilers and pressure 
vessels. 



omment Procedures: People wanting to pres- 
ent oral testimony at the hearing should provide a 
written summary of the proposed testimony to the 
Department until January 8, 1992. Written com- 
ments will be accepted by the Department until 
January 15, 1992. Direct all correspondence to 
Bobby Bryan, NC Department of Labor, 4 W. 
Edenton Street, Raleigh, NC 27601. 

CHAPTER 13 - BOILER AND PRESSLRE 
VESSEL 

SECTION .0100 - DEFINITIONS 

.0101 DEFINITIONS 

The following definitions are applicable 
throughout this Chapter: 

(1) "ASME Code" means all sections of the 
Boiler and Pressure Vessel Code of the 
American Society of Mechanical Engineers 
that have been adopted by the Boiler and 
Pressure Vessel Division. 

(2) "Appurtenance" means any control, fit- 
ting, appliance, or device attached to or 
working in conjunction with the boiler 
proper or pressure vessel proper. 

Note: The term "appurtenance" is used in 
Section III of the ASME Code (Nuclear) in 
a manner different from the definition 
herein. Section III is incorporated into these 
Rules by reference (see Rule .0401). When 
construing the provisions of Section III, ap- 
ply the special use of the term therein. 

(3) "Authorized inspection agency" means one 
of the following: 

(a) a department or division established by a 
state, commonwealth, or municipality of 
the United States, or a province of 
Canada, which has adopted one or more 
sections of the ASME Code (of which one 
shall be Section I) and whose inspectors 
hold valid commissions with the National 
Board of Boiler and Pressure Vessel In- 
spectors; 

(b) an inspection agency of an insurance 
company licensed to write boiler and 
pressure vessel insurance and whose in- 
spectors hold valid North Carolina com- 
missions: or 

(c) an owner-user inspection agency that 
meets the requirements of G.S. 95-69.15. 

(4) "Boiler," as defined in G.S. 95-69. 9(b), 
includes the following types of boilers: 

(a) "Power boiler" means a boiler in which 
steam or other vapor is generated at a 
pressure of more than 1 5 psig and includes 



BIO 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



a high -pressure, high-temperature water 
boiler and an unfired steam boiler; 

(b) "High-pressure, high-temperature water 
boiler" means a water boiler operating at 
pressures exceeding 160 psig or temper- 
atures exceeding 250° F or both at or near 
the boiler outlet; 

(c) "Unfired steam boiler" means an unfired 
pressure vessel in which steam pressure is 
generated by the application of heat from 
an indirect source; 

(d) "Heating boiler" means a steam boiler 
operated at pressures not exceeding 15 
psig, or a hot water heating boiler oper- 
ated at pressures not exceeding 160 psig 
and temperatures not exceeding 250 3 F, 
at or near the boiler outlet; and 

(e) "Hot water supply or storage vessel" 
means a boiler or pressure vessel com- 
pletely filled with water that furnishes hot 
water to be used externally to itself at 
pressures not exceeding 160 psig or tem- 
peratures not exceeding 250° F at or near 
the hot water outlet. 

(5) "Boiler or pressure vessel proper" means 
the internal mechanism, shell, and heads of 
a boiler or pressure vessel terminating at: 

(a) the first circumferential joint for welded 
end connections; 

(b) the face of the first flange in bolted flange 
connections; or 

(c) the first threaded joint in threaded con- 
nections. 

Note: Superheaters, economizers and 
other pressure parts connected directly to 
the boiler or pressure vessel without in- 
tervening valves are part of the boiler or 
pressure vessel proper. 

(6) "Certificate of competency" means the 
certificate issued to a person who has passed 
the inspector's examination given by the 
Board of Boiler and Pressure Vessel Rules 
and who is employed by an authorized in- 
spection agency. 

(7) "Certificate inspection" means an in- 
spection, the report of which is used by the 
Director as justification for issuing, with- 
holding or revoking the inspection certif- 
icate, and may consist of an internal or a 
general inspection. 

Note: For the inspection required of a par- 
ticular boiler or pressure vessel, see Rule 
.021 1 of this Chapter on "Frequency of In- 
spection." 

(8) "Commission, national board" means the 
Commission issued by the National Board 
to a holder of a certificate of competency 
who desires to make shop inspections or 



field inspections in accordance with the na- 
tional board bylaws and whose employer 
submits the inspector's application to the 
national board for such commission. 
(9) "Commission, North Carolina" means the 
Commission issued to holders of certificates 
of competency authorizing them to conduct 
shop and field inspections in this State. 

(10) "Condemned boiler or pressure vessel" 
means a boiler or pressure vessel: 

(a) that has been found not to comply with 
G.S. Chapter 95, Article 7A, or these 
Rules; 

(b) constitutes a menace to public safety; and 

(c) cannot be repaired or altered so as to 
comply with G.S. Chapter 95, Article 7A, 
and these Rules. 

(11) "Design criteria" means ASME and divi- 
sional requirements relating to the mode of 
design and construction of a boiler or pres- 
sure vessel. 

(12) "Division" means the Boiler and Pressure 
Vessel Division of the North Carolina De- 
partment of Labor. 

( 13) "External inspection" means an inspection 
of the external surfaces and appurtenances 
of a power boiler while it is in operation. 

(14) "General inspection" means as complete 
an examination as can reasonably be made 
of the internal and external surfaces and 
appurtenances of a heating boiler or pressure 
vessel preferably while it is in operation. A 
general inspection may entail the "shutting 
down" of a heating boiler or pressure vessel 
for a closer examination if an authorized in- 
spector feels this action is warranted. 

(15) "Internal inspection" means as complete 
an examination as can reasonably be made 
of the internal and external surfaces and 
appurtenances of a power boiler while it is 
shut down. 

(16) "Nonstandard boiler or pressure vessel" 
means: 

(a) power boilers contracted for or installed 
before December 7, 1935; 

(b) heating boilers contracted for or installed 
before January' 1, 1951; 

(c) pressure vessels contracted for or installed 
before January' 1, 1976; 

(d) non ASME Code constructed 
hydropneumatic storage tanks containing 
water under pressure at ambient temper- 
atures contracted for or installed before 
January 1, 19S6; and 

(e) unfired pressure vessels used in air 
conditioning refrigeration systems oper- 
ated entirely full of water or other liquid 
which is not materially more hazardous 



6:18 NORTH CAROLINA REGISTER December 16, 1 99 1 



1311 



PROPOSED RULES 



than water contracted for or installed be- 
fore July 1. 1985, provided the owner or 
user has registered the vessel with the Di- 
vision prior to February 28. 1987, and the 
manufacturer of such vessel provides an 
extended warranty or similar protection 
when the Commissioner determines that 
such vessel may be operated without seri- 
ous threat to life or property. At the time 
the owner or user registers the vessel he 
shall provide full documentation regarding 
the date the vessel was contracted for, the 
date the vessel was installed, the age of the 
vessel, the date the owner or user accepted 
the vessel, a copy of any insurance policy 
covering the vessel and a full explanation 
of the location of the vessel including its 
proximity to electric wiring or conduits 
and an analysis of any possible damage 
or injury to persons or property that 
would occur should the vessel rupture. 
Following such registration and applica- 
tion, the Commissioner shall make his 
decision concerning the type of warranty 
or similar protection that will be required 
within 30 days immediately following the 
receipt of the registration and application. 
Note: This classification includes ASME 
Code constructed boilers and pressure 
vessels installed or contracted for prior to 
the enactment of applicable legislation 
regulating its use. 

(17) ''Factor of safety" means the ratio of al- 
lowable stress to strength. 

(18) "Menace to public safety" means a boiler 
or pressure vessel that cannot be operated 
without a substantial risk of injury to per- 
sons and property. 

(19) "National Board" means The National 
Board of Boiler and Pressure Vessel Inspec- 
tors, 1055 Crupper Avenue. Columbus. 
Ohio 43229. whose membership is com- 
posed of the chief inspectors of government 
jurisdictions who are charged with the 
enforcement of the provisions of the ASME 
Code. 

(20) "National Board Inspection Code" means 
the inspection handbook published by the 
National Board, as adopted by the Division. 

(21 ) "Nuclear energy system" means and refers 
to any closed vessel in which water is heated, 
steam is generated, steam is superheated, or 
any combination thereof under pressure or 
vacuum for use externally to itself by the 
direct application of heat from nuclear en- 
ergy and associated components, vessels, 
piping systems, pumps, valves, storage 



tanks, and appurtenances, as 

"appurtenances" is used in Section III of the 
ASME Code. 

(22) "Owner or user" means any person or le- 
gal entity responsible for the safe operation 
of any boiler or pressure vessel installed in 
this State. 

(23) "Pressure piping" means piping, including 
welded piping, external to power boilers 
from the boiler to the first stop valve in a 
single installation or from the boiler to the 
second stop valve in a batten" of two or 
more boilers with manholes. 

(24) "Pressure vessel proper"; see boiler or 
pressure vessel proper. 

(25) "PSIG" means pounds per square inch 
gauge. 

(26) "Shop inspection" means an inspection 
performed by a state inspector pursuant to 
an inspection service agreement ef feva *pe- 
e*rtl inspector whereby the fabrication proc- 
ess for a boiler or pressure vessel is 
inspected. 

(27) "Special inspection" means any inspection 
performed by the state other than a regularly 
scheduled inspection and includes instances 
where the original inspection was resched- 
uled due to the owner's or user's failure to 
prepare the boiler or pressure vessel after 
notification. 

Statutory Authority G.S. 95-69.11: 95-69.14. 

SECTION .0200 - ADMINISTRATION 

.0203 NORTH CAROLINA COMMISSION 
CARD 

(a) When requested by the employer, a North 
Carolina commission card, bearing the signatures 
of the chairperson of the board and director, will 
be issued by the board to persons meeting the 
qualifications in G.S. 95-69. 15(a) and G.S. 
95-69. 15(c). 

(b) Requests for a North Carolina commission 
card are processed upon proof of a certificate of 
competency issued by the National Board and 
payment of a fr*» dollar ($5.00) ten dollar 
($10.00) fee. 

(c) North Carolina commission cards are valid 
through December 31, at which time each in- 
spector shall submit a renewal application and a 
ftve deltef ($5.00) ten dollar ($10.00) fee. 

(d) The North Carolina commission card shall 
be returned by the inspector to the Division upon 
termination of employment. 

(e) A North Carolina commission may be sus- 
pended or revoked by the board, in accordance 
with G.S. 95-69.17 for incompetence. 



1312 



6:1S NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



untrustworthiness or willful falsification of any 
statement in an application or inspection report. 

Statutory Authority G.S. 95-69.11; 95-69.15. 

.0205 OWNER-USER INSPECTION AGENCY 

(a) A company seeking to institute an owner- 
user inspection agency shall file an application 
with the Director and obtain approval from the 
Board of Boiler and Pressure Vessel Rules. 

(b) The company shall, in its application, des- 
ignate an experienced technician or engineer 
within its employ as its inspector-supervisor, 
who, upon approval of the application, shall: 

(1) ascertain that the company's inspectors, 
pursuant to Rules .0202 and .0203 are is- 
sued certificates of competency and 
owner-user commission cards; 

(2) supervise inspections of boilers and pres- 
sure vessels and see that an inspection re- 
port, signed by the owner-user inspector, 
is filed at the equipment site; 

(3) promptly notify the Director of any unsafe 
boiler or pressure vessel; 

(4) maintain a master file of inspection re- 
cords: 

(A) identifying each boiler and pressure 
vessel by serial number and abbreviated 
description; 

(B) showing the date of the last and next 
scheduled inspection; and 

(C) made available for examination by the 
Director or his representative during busi- 
ness hours; and 

(5) file, on a date mutually agreed upon with 
the Director, an annual statement signed 
by the supervising inspector, showing the 
number of pressure vessels and certifying 
that each inspection was performed pur- 
suant to these Rules, accompanied by a 
filing fee of te» dollarr . (MO. 00) fifteen 
dollars (SI 5.00) per vessel. 

(c) Inspection certificates are not required for 
boilers and pressure vessels inspected under an 
owner-user program. 



Statutory Authority G.S. 95-69.11; 95-69.15. 

.021 1 FREQUENCY OF INSPECTIONS 

(a) An authorized inspector shall inspect all 
boilers and pressure vessels at the time of instal- 
lation and at regular intervals thereafter, as pro- 
vided in this Rule. 

(b) Subject to the exceptions in (d) and (e) of 
this Rule, and after seven days notice is given to 
the owner or user, an authon/.ed inspector shall 
conduct an internal inspection for a power boiler 
at the time of installation and annually thereafter. 
Six months after the internal inspection, an ex- 
ternal inspection shall be performed. Issuance 
of the inspection certificate shall be based on the 
results of the internal inspection. 

(c) In place of the first internal inspection for 
a power boiler being placed into service for the 
first time, an inspector may conduct a general 
inspection if the inspector feels that data suffi- 
cient to determine compliance with the rules of 
this Chapter can be gathered from a general in- 
spection. 

(d) Miniature boilers and coil-type water tube 
boilers operating as power boilers shall undergo 
a general inspection annually. Miniature boilers 
and coil-type watertube boilers operating as 
heating boilers shall undergo a general inspection 
biennially. 

(e) Heating boilers (low-pressure) and pressure 
vessels shall undergo a general inspection 
biennially. 

(f) Owner-user inspectors shall conduct in- 
spections for boilers and pressure vessels as pre- 
scribed in this Rule. 

(g) Boiler and pressure vessel components of 
nuclear energy systems shall be inspected pursu- 
ant to Section XI of the ASME Code. 

(h) Authorized inspectors may order coverings 
removed, internal inspections, external in- 
spections, or pressure tests whenever conditions 
warrant further evaluation of a boiler, pressure 
vessel, or nuclear energy system. 

Statutory Authority G.S. 95-69.11; 95-69.14. 



.0213 FEES 

(a) A fourteen dollar ($1 1.00) An eighteen dollar (SI S.00) certificate fee for each boiler or pressure 
vessel inspected by a special inspector and found to be in compliance with these Rules shall be paid to 
the director. North Carolina Department of Labor. 

(b) An inspection and certificate fee shall be paid to the dir e ctor North Carolina Department of 1 abor 
for each boiler or pressure vessel inspected by the state, fxcept whore speeifieath noted m (-h *4 th+s 
Rulo, a general inspection conducted »» a power boiler shall carry the internal inspection feer 

(-14 Power boilers: 

(A) miniature boil e r -. , which tk+ ftet exceed 44 inch e s iivid e diameter <4 sh e ll, 
■MrW pounds pef square tfHrh- maximum allowable working pressur e : 
general inspection SI 500: 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



13 13 



PROPOSED RULES 



f-H-)- firL ' tubi' boilers with handholes only: 

internal inspection $25.00; 

external inspection while under pressure $15.00; 

f&f firetubo boiler; , with munholeo: 

internal inspection $10. DO; 

external inspection while under pressure $15.00; 

£©) wutertuhe boilers (coil type): 

general inspection $15.00; 

(+4 wutertuhe boil e rs with h*+4- mor e than SOQ square feet- ef heating surface: 

internal inspection $ ' 10.00; 

e xt e rnal inspection while under pressur e $15.00; 

(+4- wutertuhe boilers with more than -5440 fetf- net- more than 3.000 square fee* 

ef heating surfac e : 

internal inspection $60.00; 

external insp e ction while under prcssuro $15.00; 

(4»4 wutertuhe boilers with mor e than 3.000 square feet- el heating surface: 

internal inspection $S)0.00; 

external inspection whi l e under pressure $20.00. 

44 Heating boilers atfe pros '. lire vessels: 

(A} few pressure steam aw4 ket wett e r boilers, equipp e d only with handholes affe 

washout pfegs .' $20.00; 

(43-) few pressure steam wfe fe+t water boiler .. . equipped with manhole $30.00; 

f€4 fired het- water supply boilers affe fired hot- water heaters equipped with a 

manhol e $25.00; 

(-CH fired fe*t- water supply boilers affe fired hot wat e r heaters without a 

manhol e $15.00; 

f&) each pressure vessel subject te- inspection equipped wtfe a munholo ©f 

removable heads $25.00; 

ffe) each pressure vessel subject t++ inspection without a manhole $15.00. 

( 1) General Inspection [Rule .0101(14)1: 

(A) vessel entry not required $ 25.00 



(B) vessel entry required $ 35.00 



(2) External Inspection [Rule .OlOli 13)1 $ 25.00 

1 3) Internal Inspection [Rule Hl01(15)|: 

(A) vessel entry not required $ 35.00; 

( B ) vessel entry required: 

m if heating surface is less than 3.000 square feet $ 80.00; 

(ii) if heating surface is 3. 000 square feet or more $100.00. 

(c) Sp e cial Inspection - forty dollars ($ 10.00) A fee of fifty dollars ($50.00) per hour plus expenses 
including travel, hotel and meals shall be paid to the North Carolina Department of Labor for each 
special inspection |Rule .01()1(2" 7 )|. The fee for special inspections performed outside of normal 
working hours is computed at the shop rate. 

( d ) Shop Inspection - efte hundr e d thirty five dollars ($135.00) A fee of one hundred eighty-five dollars 
( $185.00) per one-half day (four hours) or any part of one-half day or t^-t* hundred atfe ffey dollars 
( $250.0 1) ) three hundred dollars ( $300.00) for one day (four to eight hours) or ewe thousand t+fH* hun 
died i+ffe fifty- dollars ( $1. 150) one thousand four hundred dollars ($1.400) per week (36 to 40 hours). 
plus, in either case, all expenses including travel, hotel, and meals shall be paid to the North Carolina 
Department of I abor for each shop inspection |Rule .0101(26)1. This fee does not include the regular 
tee tor inspection when the boiler or pressure vessel is installed. Shop inspections performed outside 
ot normal working hours shall be computed at one and one-half times the normal rate plus expenses. 
Normal working hours shall be between the hours of 6:00 a.m. and S:0Q p.m.. Monday through FnJav. 
except for state recognized holidays 

(e) A fee of two hundred dollars ($200.00) per one-half dav (four hours) or anv part of one-half dav 
or three hundred fifty dollars I $350.00) for one dav (four to eight hours) or one thousand six hundred 
dollars ($1.600) per week (36 to 40 hours), plus, in either case, all expenses including travel, hotel and 
meals shall be paid to the North Carolina Department of 1 abor for each nuclear inspection. 1 his tee 
docs not include the regular fee for inspection when the boiler or pressure vessel is installed. Nuclear 
inspections performed outside of normal working hours shall be computed at one and one-half times 



1314 6: IS NORTH CAROLINA REGISTER December 16, 1 99 1 



PROPOSED RULES 



Normal working hours shall be between the hours of 6:00 a.m. and 8:00 



the normal rate plus expense 

p.m., Monday through Friday, except lor state recognized holidays 



ill A t££ 2l f° ur hundred dollars ($400.00) per day (up to eight hours) plus all expenses including 
travel, hotel and meals shall be paid to the North Carolina Department of 1 abor for each audit. Audits 
performed outside of normal working hours shall be computed at seventv-five dollars ($75.00) per hour. 
Normal working hours shall be between the hours of 6:00 a.m. and S:()() p.m., Monday through Friday, 
except for state recognized holidays. Audits include activities other than those identified as inspections, 
including: 

( 1 ) reviews and surveys for ASMF and National Board stamp issuance and renewal, and 

(2) audits pursuant to evaluation for the issuance of North Carolina Specials. 



Statutory Authority G.S. 95-69.! J. 
SECTION .0400 - GENERAL REQUIREMENTS 

.0415 NORTH CAROLINA SPECIAL 

(a) Preconstruction special. The director North 
Carolina Department of Labor may issue an in- 
spection certificate for a boiler or pressure vessel 
constructed under standards equivalent to those 
established in the ASMF Code if an application 
a* provided » (kfy &£ this Rule for permission to 
construct and install a North Carolina Special is 
submitted to and approved by the Director prior 
to commencing construction. 

fbj 4-ke manufacturer st- e* owner ' - . hall file a» 
application fof pemnV i ion te construct »ft4 i»- 
*tr*4± a North Carolina Special. The application 
shall contain relevant data proving that its con- 
struction is equivalent to ASME standards, in- 
cluding but not limited to: 

( 1 ) design calculations; 

(2) certified mill tests or their equivalent; 

(3) a record of welding qualifications and 
performance tests as required by Section 
IX of the ASME Welding and Brazing 
Qualifications Code; 

(4) shop drawings; and 

(5) weld joint details. 

(e} The Director or his designee may elect to 
visit, at the expense of the owner, user or man- 
ufacturer, the facility where the boiler or pressure 
vessel is under construction in order to audit the 
manufacturer's construction techniques, person- 
nel qualifications, and quality control program. 

(b) Out-of-state special. The North Carolina 
Department of Labor may issue an inspection 
certificate for a boiler or pressure vessel which 
has operated in another state even if the AS Ml 
construction and stamping requirements other- 
wise contained in these Rules are not satisfied if 
the following requirements are satisfied: 

( 1 ) the state in which the boiler or pressure 
vessel was operated enforces ASMF Code 
requirements for similar boilers and pres- 
sure vessels; 

(2) the boiler or pressure vessel was inspected 
during construction bv an inspector com- 



missioned by the state in which the item 
was installed or manufactured; 



[3] all documentation as required in Para- 
graph (a) of this Rule is submitted to 'he 
Director and found acceptable; 

(4) the boiler or pressure vessel complies with 
the ASMF Code as far as practicable, as 
determined by the Director; 

(5) the report from the last certificate in- 
spection performed in the state in which 
the boiler or pressure vessel was previ- 
ously installed is made available to the 
Director, and the inspection resulted in 
the applicable authorization for operation; 

(6) design calculations for pressure vessels to 
be operated in excess of 3.000 psi include 
a fatigue anal\ sis as described in AS Ml' 
Section VIII, Division 2^ to determine the 
operating lifetime ot the pressure vessel, 
and the proposal for operation details the 
owner's monitoring program to verify 
compliance to the fatigue analysis; 

t" 1 ) the results of anv additional examination 
or test deemed necessary by the Director 
are satisfactory; and 
(8) the maximum allowable working pressure 
for the boiler or pressure vessel as estab- 
lished in the calculations is consistent with 
what is required by the ASMF Code for 
similar boilers or pressure vessels, 
(c) Boilers and pressure vessels operating pur- 
suant to Paragraphs (a) and (b) of this Rule shall 
meet all installation, alteration, inspection, repair 
and operation requirements of these Rules. 

Statutory Authority G.S. 95-69./ J; 95-69.14. 



TITLE ISA - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



No 



otice is hereby given in accordance with G.S. 
I50B-21.2 that EHXR - Division of Water Re- 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1315 



PROPOSED RULES 



sources intends to adopt rulefs) cited as ISA 
XCAC 2G .060 J - .0603. 



Th 



he proposed effective date of this action is 
March 1, 1992. 



Th 



he public hearing will be conducted at 10:00 
a.m. on January 10, 1992 at the Ground Floor 
Hearing Room. 512 N. Salisbury' St.. Raleigh, NC 
27604-11 48. 

IXeason for Proposed Action: These Rules es- 
tablish the State's Noxious Aquatic Weed List 
l Authority, Criteria. List of Species). The 
Aquatic Weed Control Act of 1991 empowers the 
Secretary of EHS'R to designate certain trouble- 
some plants as "noxious aquatic weeds" and 
therefore direct their "control, eradication, and 
regulation." This Act became effective October 
1, 1991. 



a 



omment Procedures: Persons interested may 
present written or oral statements relevant to the 
actions proposed at a hearing to be held as indi- 
cated above. Written statements not presented at 
the hearing should be directed to the following 
address: David DeMont, Division of Water Re- 
sources. P.O. Box 2 7 68~. Raleigh, NC 
27611-^687, Tele: (919) 733-4064. Written 
comments must be received no later than January 
15. 1992. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2G - WATER RESOURCES 
PROGRAMS 

SECTION .0600 - AQUATIC WEED CONTROL 

.0601 THE AQUATIC WEED CONTROL ACT 

The North Carolina Aquatic Weed Control Act 
of 1991 empowers the State of North Carolina 
to control, eradicate, and regulate plants desig- 
nated as noxious aquatic weeds. Unless specific 
exemptions are granted, the Aquatic Weed Con- 
trol Act and the existing powers of the Commis- 
sioner of Acti cult ure prohibit importation, sale, 
use, culture, collection, transportation, and dis- 
tribution of these plants in North Carolina. 
Permits for the movement of noxious aquatic 
weeds may be obtained from the Commissioner 

"""' "" 1705 



of Agriculture pursuant to 2 NC AC 48A 

subject to the conditions stated 



and 



06, 



therein. 



Statutory Authority G.S. 1 I3A-222: I I3A-223: 
1 13.4-224. 



.0602 DEFINITION OF CATEGORIES 

Noxious aquatic weeds are listed in three cate- 
gories (A, FU and C) which indicate national pn- 
oritv and status in North Carolina. 
( 1 ) Category' A includes: 
(a) Aquatic species listed on the Federal 
Noxious Weed 1 ist. These will be desig- 
nated by an asterisk in Rule .0603 of this 
Section; 

Additional aquatic plants not native to 
North Carolina, nor known to occur here, 
which would pose a serious threat to the 
State's resources should thev be intro- 
duced. 



(bl 



(2) Category B includes aquatic plants not na- 
tive to North Carolina, with limited distrib- 
ution in the State, and posing a serious 
threat to the State's natural resources. 

(3) Category C includes other noxious aquatic 
plants present in North Carolina which pose 
a threat to the State's natural resources. 



Statutory Authority G.S. 113A-222. 

.0603 NOXIOUS AQUATIC WEED LIST 

Category' A: 

*Azolla pinnata R. Brown - Mosquito fern 

*Tichornia azure a (SW.) K unth - .Anchored 

waterhvacinth 

*Hydrilla verticillata (F.F.) Rovle - Hvdrilla 

*Hygrophila polysperma (Roxb.) 1. 



Anderson - Indian hvgrophila 
*Ipomoea aquatica Forsk. 



Swamp 



morningglorv. water spinach 

* Largarosiphon major - African elodea 

* Limnop/ula sessitlora ( Yahl) Blume 

Limnophila 

*. Monorchia hastata (F.) Solms 

Arrowleaved monorchia 

*Sagittdria sagittifolia L. 

*Sah>inia auricula t a Aubl. 



Arrowhead 
- Giant salvinia 



¥ Salvinia biloba - Giant salvinia 



* Salvinia herzogii - Giant salvinia 

* Salvinia molesta Mitch. - Giant Salvinia 

* Sparganium erection F. - Branched burreed 
*Stratiotes abides F. - Crabs-claw 



Crassula helmsii 



Swamp stonecrop 
All aquatic species) 
ies 



Ipomoea spp. 
Aquatic mormnggJorie 

Largarosiphon spp. (.-Ml species) -_ African 
elodea 

Salvinia spp. (All except 5. rotundifolia) - 
Water fern 

Trapa spp. (All species) - Water Chestnut 
Category B: 

Eichhornia crassipes (Mart.) Solms • 
Waterhvacinth 



1316 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



Ludwigia uruguayensis (Comb.) Hara 
Uruguay waterprimrose 

Ly thrum sa/icaria U - Purple loosestrife 

Phragmites australis (Cav.) I rin.ex Steud. ; 
Common reed 
Category C: 

A llemaria philoxeroides (Mart.) Griseb - 
Alligatonveed 

Egcria densa Planch. - Brazilian elodea 

Myriophllum spicatum L. Eurasian 

watermilfoil 

Najas minor All. - Brittleleaf naiad 

Statutory Authority G.S. I13A-222. 

•k-k-k-k-k-k-k-kicicTk'k-k'k-kicie'k 



No 



otice is hereby given in accordance with G.S. 
I50B-21 .2 that EIINR - Environmental Manage- 
ment Commission intends to amend rule(s) cited 
as ISA NCAC 2H .0/01, .0/03. .0/26, .0138, 
.1203. .1205: and adopt rule(s) cited as ISA 
NCAC 2/1 .1206. 

1 he proposed effective date of this action is April 
1. 1992. 

1 he public hearings will all be conducted at 7:00 
p.m. on the following dates and locations: 

January 6. 1992 



Humanities Lecture Hall 
UNC Asheville 
Asheville, NC 

January 8. 1992 
Ground Floor Hearing Room 

Archdale Building 

5/2 North Salisbury Street 

Raleigh, NC 

January 9. 1992 

Superior Court Room 

Craven County Court House 

406 Craven Street 

New Bern, NC 

Txeason for Proposed Action: This proposed 
amendments to ISA NCAC 2H .0101, .0/03, 
.0126. and .0138 address technical changes in- 
cluding adding two definitions "new" and "exist- 
ing" with respect to implementing the NPDLS 
permit program. These definitions are needed to 
allow the permit applicants a better understanding 
of the requirements that will be placed on their 
facilities. These definitions represent a change in 



policy by the Division. The criteria that was pre- 
viously used was that facilities that had valid per- 
mits were considered existing regardless of the 
facilities construction status. With the develop- 
ment of new stream classifications with more re- 
strictive criteria for new facilities, it has become 
ever more important to change these criteria for 
all future applications and modifications. The 
proposed amendments to 15A NCAC 2H .1203, 
.1205, and the adoption of .1206 clarify and for- 
malize EMC procedures on water quality special 
orders by consent. 

v^ omment Procedures: Comments, statements, 
data and other information may be submitted in 
writing prior to, during or within 15 days after the 
hearing or may be presented orally at the hearing. 
Oral statements may be limited at the discretion 
of the hearing officer. Submittal of written copies 
of oral statements is encouraged. For more in- 
formation contact Dennis R. Ramsey, Division of 
Environmental Management. P.O. Box 29535, 
Raleigh, NC 27626-0535, (919)733-5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 



SIBCII 



APTER 211 
PERMITS: 



PROCEDURES FOR 

APPROVALS 



SECTION .0100 - WASTEWATER DISC MARGES 
TO THE SURFACE WATERS 

.0101 PURPOSE 

(a) These Rules implement G.S. 143-215.1 
which requires permits for control of sources of 
water pollution by providing the requirements 
and procedures for application and issuance of 
state NPDES permits for a discharge from an 
outlet, point source, or disposal system discharg- 
ing to the surface waters of the state, and for the 
construction, entering a contract for con- 
struction, and operation of treatment works with 
such a discharge (see Section .0200 of this Sub- 
chapter regarding permits for disposal systems 
not discharging to the surface waters of the state). 
These Rules also contain the requirements and 
procedures for issuance of state permits for pre- 
treatment facilities. (See Section .0900 of this 
Subchapter for rules for permits issued by local 
pretreatment programs). 

(b) Rules and Statutes referenced in this Sec- 
tion may be obtained by writing or visiting the 
Division of Environmental Management, Water 
Quality Section's offices at the following lo- 
cations: 

Permits and Engineering Unit, 
Archdale Building 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



mi 



PROPOSED RULES 



P.O. Box 27hB7. 29535, 



512 N. Salisbury St., 

Raleigh, N.C. 47444 27626-0535 

Raleiah Regional Office 
3800 Barrett Dr., 
Raleigh, N.C. 27611 

Asheville Regional Office 
440 59 Woodfin S*-r Place. 



Asheville, N.C. 28802 

Mooresville Regional Office 
919 N. Main St., 
Mooresville, N.C. 28115 

Favetteville Regional Office 
Wachovia BldgT Suite 714, 
Favetteville, N.C. 28301 

Washington Regional Office 
1424 Carolina Avenue, 
Washington. N.C. 27889 

Wilmington Regional Office 
7424 Wright r. vill e Ave^ 
127 Cardinal Drive Extension 
Wilmington, N.C. 4444 2S405-3S45 

Winston-Salem Regional Office 
8025 North Point Blvd., 
Winston-Salem. N.C. 27106 



Statutory Authority 
143-215. 1. 



G.S. 143-215. 3(a) (I); 



.0103 DEFINITION OF TERMS 

The terms used in this Section shall be as de- 
fined in G.S. 143-213 and as follows: 

(1) "Certificate of Coverage" means the ap- 
proval given dischargers that meet the re- 
quirements of coverage under a general 
permit. 

(2) "Committee" means the NPDES com- 
mittee of the Environmental Management 
Commission. 

(3) "Director" means the Director of the Di- 
vision of Environmental Management, De- 
partment of Environment, Health, and 
Natural Resources or his designee. 

(4) "EPA" means the United States Environ- 
mental Protection Agency. 

(5) "Existing", with respect to implementing 
the NPDES permitting program, means: 

(a) facilities which phvsicallv exist and have 
been legally constructed, i.e.. health de- 
partment or other agency approval or 



(bl 



constructed prior to any regulatory re- 

quirements. 

Facilities which have received an NPDES 

Permit and have received an Authori- 



zation to Construct and have constructed 
or begun significant construction of anv 
wastewater treatment facilities within the 
term of the current permit. 
(c) Facilities which have received a phased 
NPDES Permit and have received an Au- 
thorization to Construct for a phase of the 
permitted flow and have constructed or 
begun significant construction of the 
phased wastewater treatment facilities. 

(6) (4> "NPDES" means the National 
Pollutant Discharge Elimination System. 

(7) 'New", with respect to implementing the 
NPDES permitting program, means: 

(a) Proposed facilities that do not have a 
NPDES Permit nor have anv facilities 



constructed. 



(M 



l£i 



Facilities which phvsicallv exist, however, 
illegally constructed, i.e., no required 
agency approvals. 

facilities which have received an NPDES 
Permit and have received an Authori- 



zation to Construct but have not begun 
construction of anv wastewater treatment 
facilities within the term of the current 
permit, 
(d) Anv additional increases in treatment 
plant capacity, which has not received an 
Authorization to Construct will be con- 
sidered new and new effluent limitations 
and other requirements, if applicable, 
would be imposed for the entire facility. 

(8) (4) "New Source" means any industrial in- 
stallation, from which there may be a dis- 
charge, the construction or modification of 
which is commenced on or after the date of 
publication of new source performance 
standards and or pretreatment standards for 
new sources by the Environmental Pro- 
tection Agency. 

(9) (if "New Source Performance Standards" 
means those standards of performance ap- 
plied to industrial discharges defined as new 
sources. 

(10) (4> "POTW" means Publicly Owned 
Treatment Works. 

(11) (4) "Pretreatment standard" means any 
regulation containing pollutant discharge 
limits for indirect dischargers for ensuring 
compliance with Section 30F(b) and (c) of 
the Clean Water Act, 33 U.S.C. Section 
1251 et seq. This term includes prohibited 
discharge limits and local sewer use ordi- 
nance limits. 



1318 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(12) (40) "Primary industry" means an industry 
listed in 40 CFR 122, Appendix A is hereby 
incorporated bv reference as amended 
through 4t4y 4r 1986 &f aw kriw adopted 
amendments &f editions ef 0ms document 
as is allowed by G4* 150B 1 1(c). July 18, 
1991, and any subsequent amendments. 
Copies of this publication are available from 
the Government Institutes, Inc., 4 Research 
Place, Suite 200, Rockville. MP 20850-1714 
for a cost of thirty-six dollars ($36.00) each 
plus four dollars ($4.00) shipping and han- 
dling. Copies are also available at the Divi- 
sion of Hnvironmental Management, 
Archdale Building, 512 N. Salisbury Street, 
Raleigh, North Carolina 27604. 

(13) (44) "Professional Engineer" means a per- 
son who is presently registered and licensed 
as a professional engineer by the North 
Carolina State Board of Registration For 
Professional Engineers and Land Surveyors. 

(14) (44) "Staff" means the staff of the Division 
of Environmental Management, Depart- 
ment of Environment, Health, and Natural 
Resources. 

( 15) (44) "General permit" means an NPDES 
"permit" issued under G.S. 143-21 5. 1(b)(3) 
and (4) and 40 CFR 122.28 authorizing a 
category of discharges which all involve the 
same or substantially similar types of oper- 
ations, discharge the same types of wastes, 
require the same effluent limitations or op- 
erating conditions, require the same or simi- 
lar monitoring, and in the opinion of the 
Director are more appropnately controlled 
under a general permit than under individual 
permits. 

(16) (44} "Mine dewatering" means discharges 
of uncontaminated infiltrate and stormwater 
from mine excavation and the water that is 
removed to lower the water table to allow 
mining in an area. 

(17) (44* "Notice of Intent" means formal writ- 
ten notification to the Division that a pro- 
posed discharge is intended to be covered by 
a general permit and takes the place of "ap- 
plication" used with individual permits. 

(18) (44) "Oil terminal storage facilities" means 
petroleum bulk storage, product transfer, 
loading, unloading, and related areas but 
does not include marinas or facilities prima- 
rily engaged in the retail sale of petroleum 
products. Oil 'water separators such as those 
at maintenance garages, gas stations, and 
National Guard and military reserve facilities 
arc included in this definition. 

(19) (47) "Once-through non-contact cooling 
water" means water taken from wells, sur- 



face waters, or water supply systems and 
used in a non-contact cooling system with- 
out the addition of biocides or other chemi- 
cal additives. Boiler blowdown waters are 
included in this definition. Nuclear and 
fossil fuel electric generating plants are not 
included in this definition. 

(20) (4-8) "Sand dredge" means a facility to re- 
move sand from river bottoms. No other 
mining activities are included in this defi- 
nition. 

(21) (40) "Seafood packing facility" means a 
business which is primarily engaged in the 
sorting and packing of fresh seafood and 
which has a discharge consisting entirely of 
washdown and rinse water. Trout packing 
facilities are included in this definition. 
Wastewaters from seafood processing plants 
are not included in this definition. 

(22) (44) "Stormwater" means the flow of water 
which results from precipitation and which 
occurs immediately following rainfall or a 
snowmelt. 

(23) (40) "Swimming pool filter backwash" 
means normal filter backwash water from 
both public and private swimming pools as 
well as spas with backwash filter facilities. 

(24) (44) "Trout farm" means a facility for the 
commercial production of trout. 

(25) ^O^ "Water filtration facility" means back- 
wash filters and sludge disposal systems as- 
sociated with water treatment plants and 
backwash filters associated with wells. 



Statutory 
143-213. 



Authority G.S. 143-215.3(a)( 1 ); 



.0126 STORMWATER DISCHARGES 

Permits for stormwater treatment <m4 disposal 
system; , which discharge discharges to surface 



waters shall be issued in accordance with United 
States Environmental Protection Agency regu- 
lations 40 CFR 122.21 and 122.26 which are 
adopted hereby incorporated by reference as 
amended through August 4U, 4£&4r July 18, 
1991, and any subsequent amendments. Copies 
of this publication are available from the Gov- 
ernment Institutes. Inc.. 4 Research Place, Suite 
200, Rockville, MD 20850- 



714 for a cost of 
bur dollars 



thirtv-six dollars ($36.00) each plus _ 

($4.00) shipping and handling. Copies are also 

available at the Division of hnvironmental Man- 



agement Archdale Building. 512 N Salisbury 
Street. Raleigh, North Carolina 27604. 



Statutory Authority G.S. 143-214.1; l '43-214 '.7; 
143-215.1; 143-215.3(a)(l). 



6:1S NORTH CAROLINA REGISTER December 16, 1991 



1319 



PROPOSED RULES 



.0138 SUBMISSION OF PLANS AND 
SPECIFICATIONS 

(a) Required. After a permit has been issued 
by the Division of Environmental Management 
in accordance with this Section, construction of 
wastewater treatment facilities or additions 
thereto shall not begin until final plans and 
specifications have been submitted to and written 
approval has been issued to the permittee by the 
Division of Environmental Management. If an 
Authorization to Construct has not been applied 
tor in accordance with the requirements ot the 
NPDES permit during the term of the permit, 
the permit will be considered void upon expira- 
tion and future actions will be considered as a 
new application. 

(b) Application. 

( 1 ) Application for approval of plans and 
specifications must be made in triplicate 
on official forms completely filled out, 
where applicable, and fully executed. The 
signature of the consulting engineer or 
other agent will be accepted on the appli- 
cation only if accompanied by a letter of 
authorization. 

(2) Required sets of plans and specifications: 

(A) regular projects -- three sets of detailed 
plans and specifications, 

(B) federal and state grants projects -- four 
sets of detailed plans and specifications 
plus federal assurances required by ap- 
propriate federal agency; 

(3) Specifications describing all materials to 
be used, methods of construction and 
means for assuring the quality and integ- 
rity of the finished project. 

(4) When required, a statement submitted that 
the wastewater treatment facility involved 
will be properly disconnected and the 
wastewater discharged into an adequate 
district or municipal system when it be- 
comes available. 

(5) If more than one contiguous acre of land 
is to be uncovered by a project, doc- 
umentation should be supplied verifying 
that the applicant has completed an ero- 
sion control plan. 

(6) A 1 10 volt power source and a potable 
water supply must be available at the 
treatment system to allow for mainte- 
nance, clean-up and sampling. In cases 
where this is not reasonable or econom- 
ically achievable, an exception may be 
granted by the Water Quality Section 
Chief. 

(7) For those wastewater disposal facilities 
which have the potential to cause a 



contravention of groundwater standards, 
hydrogeologic information must be pro- 
vided as specified in Rule 2H .0205 of this 
Subchapter. 

Statutory Authority G.S. 143-215.1 (c) ( 1 ) . 

SECTION .1200 - SPECIAL ORDERS 

.1203 PL'BLIC NOTICE 

(a) Notice of proposed Consent Order: 

(1) The Director is delegated the authority to 
prepare the notice of the proposed Con- 
sent Order and shall advertise it as speci- 
fied in G.S. 143-215. 2(al)(l) at least 45 
days prior to any final action by the 
Commission or the Director. 

(2) The Notice shall include at least the fol- 
lowing: 

(A) name, address, and phone number of 
the agency issuing the public notice; 

(B) name and address of the person to 
whom the order is directed; 

(C) a brief summary of the proposed con- 
ditions of the agreement including a dis- 
closure of the final compliance date and 
the major permit conditions which the 
permittee will be allowed to exceed; 

(D) a brief description of the procedures to 
be followed by the Commission or Direc- 
tor in reaching a final determination on 
the proposed agreement. This shall in- 
clude explanations of the comment penod 
and how interested persons may influence 
or comment on the proposal along with 
procedures to request a public meeting. 
The description shall specify that requests 
for a public meeting and comments are to 
be received by the Division within 30 days 
following the newspaper publication of 
the public notice; 

(E) a description of the information avail- 
able for public review, where it can be 
found, and procedures for obtaining 
copies of pertinent documents. 

(b) Notice of public meetings for proposed 
Consent Order: 

( 1 ) The Director shall consider all requests for 
a public meeting and if he determines that 
there is significant public interest, then he 
will cause such a meeting to be held. 

(2) Public meetings shall be noticed by the 
Director at least 30 days prior to the 
meeting. 

(3) The Notice shall be advertised in a local 
newspaper and provided to those persons 
specified in G.S. 143-215.2(al)(2) for wa- 
ter quality special orders and G.S. 



1320 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



143-215.1 10(al)(2) for air quality special 
orders. 
(4) The Notice shall include the information 
specified in (a)(2)(A), (B), (C) and (E) of 
this Rule relative to the identification of 
the parties involved, the conditions of the 
proposal, how to obtain additional infor- 
mation and the procedures to be followed 
by the Commission in reaching a final 
determination. It should also provide full 
information regarding the time and lo- 
cation for the meeting along with proce- 
dures for the various methods of 
providing comment. 

(c) Any person may request to receive copies 
of all notices required by this Rule, and the Di- 
rector shall mail copies of notices to those who 
have submitted a request. 

(d) The Director may combine the require- 
ments in Paragraphs (a) and (b) of this Rule with 
a combination comment period and public 
meeting notice. 

(e) Any Special Order by Consent may provide 
that the Director mtty agre e k+ be amended by 
the Director to incorporate minor modifications, 
such as reallocations of allowable flows, modifi- 



cation of standard conditions to reflect updated 
versions, correct typographical errors and interim 
date extensions, in a consent order without going 
back to public notice provided that the said 
modifications may not extend final compliance 
date by more than four months. 

(f) The requirements of this Rule for public 
notice and public meeting were developed to ap- 
ply to Special Orders by Consent. The Com- 
mission may specify other conditions for Special 
Orders issued without consent. 

Statutory Authority G.S. 143-215.2: 143-215.3 
(a) (1 ); 143-215.3 (a) (3); 143-215.3 (a) (4); 
143-2/5.110. 

.1205 ACTION ON SPECIAL ORDERS 
ISSl ED WITHOUT CONSENT 

1 he Commission may issue a proposed Special 
Order without the consent of the person affected. 
The Commission shall notify the affected person 
of the procedure set out in G.S. 150B-23 to con- 
test the proposed special order. Special Order. 

Statutory Authority G.S. 143-21 5.2ib ); 143-215.3 
(a) (1); 143-2 15.'/ 10 (b). 

.1206 WATER QUALITY SPECIAL ORDERS 
BY CONSENT 

(a) Applications: 
(1) Applications must be made in triplicate 
on forms supplied bv the Division of En- 



vironmental Management along with a 
nonrefundable four hundred dollar 
($400. 00) processing fee and all other re- 
quired information. 

(2) Applications found to be incomplete will 
be returned to the applicant with an ex- 
planation of deficiencies. 

(3) Applications must be signed as follows: 
(A) in the case of corporations, by a prin- 
cipal executive officer of a[ least the level 
of vice-president, or his duly authorized 
representative, if such representative is re- 
sponsible for the overall operation of the 
facility for which the Order is being re- 
quested; 

(P>) in the case of a partnership, bv a general 
partner and in the case of a limited part- 
nership, by a general partner; 

(C) in the case of a sole proprietorship, bv 
the proprietor: 

(D) m the case of a municipal, state, or 
other public entity by either a principal 
executive officer, ranking elected official 



(hi 
ill 



or other duly authorized employee. 
Processing of the applications: 



Applications will not be processed unless 
it is demonstrated bv the applicant to the 
satisfaction of the Director that noncom- 
pliance is not due to failure bv the appli- 
cant to properly operate, manage and 
maintain the wastewater treatment system 
and that the existing wastewater treatment 
system is being operated in such a way as 
to attain the highest degree of treatment 
possible under the existing conditions. 
This demonstration must be made in the 
form of a report prepared bv an inde- 
pendent consultant (a professional with 
expertise in wastewater treatment) or by 
the Municipal Compliance Initiative pro- 
gram of the Construction Grants and 
Loans Section of the Division of Fnvi- 
ronmental Management. 



(2) Applications will not be processed unless 
the applicant can demonstrate to the sat- 
isfaction of the Director that: 
(A) bunds needed to meet the requirements 
of the proposed order or will be available 
to meet the compliance schedule and any 
interim effluent limitations: or 
(B I 1 hat the applicant can adopt specific 
alternative steps to achieve compliance 
where the applicant cannot assure total 
financing of needed facilities, 
(c) Development of the Special Order: 

( 1 ) 1 he compliance schedule in the order 
must be sufficiently detailed to insure that 
the applicant is constantly progressing to- 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



132 1 



PROPOSED RULES 



ward final compliance. This schedule 
should normally include, hut not be lim- 
ited to. activities such as submission of 
plans and specifications, starting of con- 



traction, completion of construction and 
achievement of final compliance. 
(2) The interim diluent limitations must be 
based on the optimum expected efficiency 
of the existing treatment system. In case 
of phased construction or expected in- 
terim treatment facility improvements, the 
interim limitations should reflect thes 
expected improvements. Likewise, if 
treatment units must be taken off line due 
to construction, the interim limitations 
may be modified during the period of ac- 
tual outage. 
|_2_ To insure compliance with aH schedule 
dates and interim effluent limitations, all 
orders must contain stipulated penalties 
for violations of specified requirements. 
Abo a monetan settlement should be in- 
cluded in the order to settle previous vio- 
lations. 
(4) I he order must contain a condition that 
advises the applicant that it is responsible 
for funding the treatment .stem im- 
provements and that lack of funds will not 
be a defense in contesting stipulated pen- 
alties 
(d) Acceptance of additional wastewater into a 
wastewater treatment system owned or operated 
bv a unit of government, in accordance with 
North Carolina General Statute l43-215.67.fb). 



(1) Additional flows will only be allowed as 
part of a Consent Order when the follow- 
ing demonstrations can be made: 

( A ) New or improved wastewater treatment 
facilities will be constructed in the near 
tuture that will adequately treat the exist- 
ing and additional waste or the applicant 
can adopt specific alternative steps to off- 
set the adverse effects of the additional 
v.,i'le 

(B) The flows are needed to provide mini- 
mum reasonable service to identified new 
residential, commercial and industrial 
sources or equivalent substitutions for 
thos : sources as approved bv the Director. 

(Ci The nature of the additional flows is 
such that the waste characteristics do not 
exceed those generally associated with 
domestic waste or are pretreated to do- 
mestic strengths. Waste of greater than 
normal domestic strength may be ac- 
cepted it tli£ parameter! si are not those for 
which interim limitations have been de- 
veloped and it can be demonstrated to the 



satisfaction of the Director that the addi- 
tional waste will not adversely affect the 
treatment efficiency of the treatment sys- 
tem lor any modified parameter or result 
in the violation of any other permit limi- 
tation. 

(D) All new and proposed industrial waste 
tributary to the i \stem must be controlled 
using all needed mechanisms including 
but not limited to adoption and imple- 
mentation ot industrial waste control and 
pretrcatment ordinances. 

(El 1 he cumulative impacts of wastewater 
allowed under the order will not result in 
any significant degradation in the quality 
of the waters ultimatel receiving the 
wastewater during flow conditions be- 

10-vear 



tween and including the -day. 

minimum flow 

flow. 



(7Q10) and the average 
The Division must consider anv 
special or protected waters such as but not 
limited to. High Quality Waters. Water 
Supply Waters. 1 rout Waters and 
Shellfish Waters in conducting this evalu- 



ation. Significant degradation shall be 

defined as follows: 

ri| A predictive decrease in dissolved ox- 
ygen of 0_5 mg 1 or greater at the point 
of maximum dissolved oxygen sag: In 
cases where existing I prior to adding the 
requested wastewater) dissolved oxvgen 
conditions are above j.(l mg 1 at or 
above 7Q_10 conditions, the amount of 
wastewater added will not be allowed 
to depress oxvgen levels below 3.0 mg 1 
at the corresponding stream flow levels. 
No additional wastewater will be al- 
lowed it measured or predicted dis- 
solved oxvgen levels at anv stream flow 
at or above ~Q1H are ;s than 3.0 mg/'l; 
or 

(ii) A predictive increase in the length of 
the affected segment (that segment in 
which the predicted dissolved oxvgen is 
less than dissolved oxvgen standards i 
of fL5 miles or greater: or 

(ml An increase in coliform bacteria 
density predicted to exceed applicable 
water quality standards: or 

( iv ) Increases in the coliform density, de- 
creases m dissolved oxvgen. or changes 
m any other water quality parameters 
which are predicted to result in fish or 
other aquatic mortality, closing of 
swimming areas or significant impact 
on other water use >. regardless ot com- 
pliance with conditions in Subpara- 
graphs (di( 1 H L)(il-(iiii of this Rule: 



1322 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(v) No wastewater can be accepted which 
will add toxic pollutants in quantities 
not generally associated with domestic 
wastewater characteristics, unless the 
acceptance of the additional wastewater 
can be supported through appropriate 
analyses acceptable to the Director. 
(2) Approvals of additional wastewater flows 
may be immediately rescinded by the Di- 
rector for any schedule or condition vio- 
lation, or limit violations in two 
consecutive months, or any other vio- 
lation he considers sufficiently severe to 
warrant such action. 

Statutory Authority G.S. 143-2/5.2; 143-215.3. 
(a) (1). 

****************** 



No 



' otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as I5A NCAC I OB .0/05, .0202 - .0203; IOC 
.0206, .02/2, .0302, .0305, .0401, .0407; 10D 
.0002 - .0004. 

1 he proposed effective date of this action is April 
I, 1992. 

1 he public hearing will be conducted at 10:00 
a.m. on January 8, 1992 at the Archda/e Bui/ding, 
Room 386, 512 N. Salisbury Street, Raleigh. XC 
27604-1188. 

JXeason for Proposed Action: I5A NCAC 10B 
.0/05 - To allow flexibility in selecting tag mate- 
rial. 15.4 XCAC 10B .0202 - Withdrawal of per- 
mission of the landowner to allow bear hunting on 
that particular tract. I5A XCAC 10B .0203 - To 
accurately reflect property name changes and to 
accommodate landowner requests in public hunt 
dates. 15A XCAC IOC .0206 - Trotlines and 
sethooks are prohibited in Lake Waccamaw to 
prevent the decline in game fish populations. 15A 
NCAC IOC .0212 - To allow for the restocking 
of game fish subsequent to repair of the dam and 
spillway. 15A XCAC IOC .0302 - To provide 
consistency between enforcement policy and the 
administrative rides. ISA XCAC IOC '.0305 - To 
clarify the creel and size limits of particular spe- 
cies' of fish. 15A XCAC IOC .0401 - Trotlines and 
sethooks are prohibited in Lake Waccamaw to 
prevent the decline in the game fish populations. 
To enable biologists to document the growth of 
stocked game fish as required for federal funding 



of the stocking program. I5A NCAC IOC .0407 
- Establishment of a cast net season for special 
device license holders to offset the effects of the 
prohibition against the sale of bait collected under 
a hook and line license. I5A NCAC 10D .0002 - 
Travel is to be restricted to reduce the disturbance 
of waterfowl on the refuge. I5A NCAC I0D 
.0003 - To reflect name changes and acquisitions 
of game lands. Restricts particular activities 
which disturb wildlife or their habitat or are oth- 
erwise unsuitable for the particular game land. 
15A NCAC 10D .0004 - Clarifies the necessity of 
having a game land license while fishing on game 
lands where there are designated public mountain 
trout waters. 



Co 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from De- 
cember 16, 1991 to January 15, 1992. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Resources Commission, 5/2 N. 
Salisbury Street, Raleigh, NC 27604-1 188. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER I0B - HUNTING AND 
TRAPPING 

SECTION .0100- GENERAL REGULATION'S 

.0105 MIGRATORY GAME BIRDS 

(a) Cooperative State Rules 

( 1) The taking of sea ducks (scoter, eider and 
old squaw) during any special federally- 
announced season for these species shall 
be limited to the waters of the Atlantic 
Ocean, and to those coastal waters south 
of US 64 which are separated by a dis- 
tance of at least 800 yards of open water 
from any shore, island or marsh. 

(2) The extra daily bag and possession limits 
allowed by the federal regulations on 
scaup apply in all coastal waters east of 
U.S. Highway 17. except Currituck Sound 
north of US 158. 

(3) Tundra swans may be taken during the 
open season by permit only subject to 
limitations imposed by the U. S. Fish and 
Wildlife Service. A limited number of 
nontransferable swan permits will be is- 
sued by the Wildlife Resources Commis- 
sion to applicants who will be selected at 
random by computer, and only one swan 
may be taken under each permit which 
must be cancelled at the time of the kill 
by cutting out the month and day of the 



6: IS NORTH CAROLINA REGISTER December 16, 1 99 1 



1323 



PROPOSED RULES 



kill. Accompanying the permit is a mc - tal 
tag which must be affixed at- th<* b*^ ©f 
th*» right v i ing ef to the swan at the time 
and place of the kill. The permit must 
he affixed in accordance with instructions 
provided with the permit. In addition, a 
preaddressed post-paid card is supplied to 
each permittee on which to report the 
number of days hunted and the details of 
the kill if made. It is unlawful to hunt 
swans without having the permit and the 
tag in possession or to possess a swan 
without the cancelled permit in possession 
and the tag properly affixed to the swan. 
It is unlawful to possess a swan permit or 
tag while hunting that was assigned to 
another person or to alter the permit or 
tag in any way other than cutting out the 
proper month and day of kill. 

(4) Canada geese may be taken west of 1-95 

during the open season by permit holders 

only subject to limitations imposed by the 

U.S. Fish and Wildlife Service. Permits 

will be issued by the North Carolina 

Wildlife Resources Commission. It is 

unlawful to hunt or possess Canada geese 

west of 1-95 without having the permit in 

possession. It is unlawful to possess a 

Canada goose permit while hunting that 

was assigned to another person or to alter 

the permit in any way. 

(b) Notwithstanding the provisions of G.S. 

113-29 1.1 (a) and (bi. the following restrictions 

apply to the taking of migratory game birds: 

( 1 1 No migratory game bird may be taken: 

(A) With a rifle; 

(B) With a shotgun of any description ca- 
pable of holding more than three shells, 
unless it is plugged with a one-piece filler, 
incapable of removal without disassembl- 
ing the gun. so as to limit its total capacity 
to not more than three shells. 

(2) No migratory game bird may be taken: 

(A ) From or by the use of a sinkbox or any 
other type of low floating device affording 
the hunter a means of concealment be- 
neath the surface of the water: 

(B) With the aid of bait, or on. over or 
within 300 yards of any place where any 
grain, salt or other feed is exposed so as 
to constitute an attraction to migrator," 
game birds or has been so exposed during 
any of the 10 consecutive days preceding 
the taking, except that this Part shall not 
apply to standing crops, flooded 
croplands, grain crops properly shocked 
on the field where srown. or grains found 



scattered solely as the result of normal 
agricultural planting or harvesting; 
(C) With the aid of live decoys, or on. over 
or within 300 yards of any place where 
tame or captive migratory game birds are 
present, unless such birds are and have 
been for a period of 10 consecutive days 
prior to such taking confined within an 
enclosure which substantially reduces the 
audibility of their calls and totally con- 
ceals them from the sight of wild migra- 
tory" game birds. 

(3) Waterfowl hunting and harassment and 
other unauthorized activities shall be pro- 
hibited on posted waterfowl management 
areas established by the Wildlife Re- 
sources Commission for Canada Geese 
and ducks restoration. 

(4) In that area of Roanoke Sound adjacent 
to and immediately Northeast of Roanoke 
Island as marked by buoys designating the 
waterfowl rest area, it shall be unlawful to 
harass or take any waterfowl. 

Authority G.S. 113-134: 113-274: 113-291.1: 50 
C.F.R. 20.21: 50 C.F.R. 20.105. 

SECTION .0200 - HUNTING 

.0202 BEAR 

(a) Open Seasons 

( 1 ) Monday on or nearest October 15 to the 
Saturday before Thanksgiving and the 
third Monday after Thanksgiving to Jan- 
uary 1 in and west of the boundary 
formed by NC 16 from the Virginia State 
line to Wilkesboro and NC IS from 
Wilkesboro to the South Carolina State 
line. 

(2) Second Monday in November to the fol- 
lowing Saturday in Beaufort. Camden. 
Craven, Dare, Gates, Hyde. Jones, 
Pamlico, Pasquotank. Tyrrell. and 
Washington Counties: and in that part of 
Bertie County southeast of LS 1". and 
that part of Chowan Countv north of a 
line formed bv SR 1002, SR 1222 and SR 
1221. 

(3) Second Monday in November to January 
1 in Bladen. Carteret. Duplin. New 
Hanover. Onslow and Pender Counties: 
in that part of Cumberland County south 
of NC 24 and east of the Cape Fear River: 
and in that part of Sampson county south 
of NC 24. 

(4) Second Monday in December to January 
1 in Brunswick and Columbus Counties. 



1324 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(b) No Open Season. There is no open season 
in any area not included in Paragraph (a) of this 
Rule or in those parts of counties included in the 
following posted bear sanctuaries: 

Avery, Burke and Caldwell Counties— Daniel 
Boone bear sanctuary 

Beaufort, Bertie and Washington Counties- 
Bachelor Bay bear sanctuary 

Beaufort and Pamlico Counties--Gum Swamp 
bear sanctuary 

Bladen County—Suggs Mill Pond bear sanctu- 
ary 

Brunswick County— Green Swamp bear sanc- 
tuary 

Buncombe, Haywood, Henderson and 
Transylvania Counties—Pisgah bear sanc- 
tuary 

Carteret, Craven and Jones Counties— Croatan 
bear sanctuary 

Clay County— Fires Creek bear sanctuary 

Currituck County— North River bear sanctuary 

Dare County— Bombing Range bear sanctuary 

Haywood County-- Harmon Den bear sanctu- 
ary 

Haywood County— Sherwood bear sanctuary 

Hyde County—Gull Rock bear sanctuary 



Hyde County—Pungo River bear sanctuary 

Jackson County— Panthertown-Bonas Defeat 
bear sanctuary 

Jones and Onslow Counties-Hofmann bear 
sanctuary 

Macon County-Standing Indian bear sanctu- 
ary 

Macon County-Wayah bear sanctuary 

Madison County-- Rich Mountain bear sanc- 
tuary 

McDowell and Yancey Counties— Mt. Mitchell 
bear sanctuary 

Mitchell and Yancey Counties— Flat Fop bear 
sanctuary 

Washington County — B+41 Bay boar sanctuary 

Wilkes County—Thurmond Chatham bear 
sanctuary 

(c) Bag limits: daily, one; possession, one; 
season, one. 

(d) Kill Reports. The carcass of each bear shall 
be tagged and the kill reported as provided by 
15A NCAC 1 OB .0113. 



Statutory Authority 
113-291.7; 113-305. 



G.S. 113-134; 113-291.2; 



.0203 DEER (WHITE-TAILED) 

(a) Closed Season. Ail counties and parts of counties not listed under the open seasons in Paragraph 
(b) in this Rule are closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons) 

(1) Male Deer With Visible Antlers. Male deer with antlers or spikes protruding through the skin, 
as distinguished from knobs or buttons covered by skin or velvet, may be taken during the fol- 
lowing seasons: 
(A) Monday on or nearest October 15 to January 1 in the following counties and parts of coun- 
ties: 



Beaufort 

Bertie 

Bladen 

Brunswick 

Camden 

Carteret 

Chowan 

Columbus* 

Craven 

Currituck 

Dare 



Duplin 


Fenoir 


Pitt 


F dee com be 


Martin 


Richmond** 


Franklin 


Nash 


Robeson 


Gates 


New Hanover 


Scotland** 


Greene 


Northampton 


Tyrrell 


1 falifax 


Onslow 


Vance 


Hertford 


Pamlico 


Warren 


Hoke 


Pasquotank 


Washington 


Hyde 


Pender 


Wayne 


Jones 


Perquimans 


Wilson 



Cumberland: That part south of NC 24. 

Harnett: That part west of NC 87. 

Johnston: All of the county except that part south of US 70 and west of 1-95. 

Moore**: /Ml of the county except that part north of NC 21 1 and west of L'S 1. 

Sampson: All of the county except that part west of NC 242 and north of US 13. 

Wake: That part north of 1-40. 



* Unlawful to hunt or kill deer in Fake Waccamaw or within 50 yards of its 
**See 15A NCAC 10D .0003(d)(2) for seasons on Sandhills Game Fand. 



• hoivhik' 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1325 



PROPOSED RULES 



(B) Monday of Thanksgiving week to second Saturday after Thanksgiving Day in the following 
counties and parts of counties: 



Alexander 


Davie 


Iredell 


Watauga 


Alleghany 


Forsvth 


Lincoln 


Wilkes 


Ashe 


Gaston 


Stokes 


Yadkin 


Catawba 


Davie 


Surry 





Mecklenburg: That part north of US 74 except Cowan's Ford Waterfowl Refuge. 
(C) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following 
counties and parts of counties: 



Avery 

Buncombe 

Burke 

Caldwell 

Cherokee 



Clay 

Cleveland 
Graham 
I Iayvvood 
Henderson 



Jackson 
Macon 
Madison 
Mc Dowel 
Mitchell 



Polk 

Rutherford 

Swain 

Transylvania 

Yancey 



(D) Monday before Thanksgiving week to January 1 in the following counties and parts of 
counties: 



Alamance 


Davidson 


Montgomery 


Rowan 


.Anson 


Durham 


Oransze 


Stanly 


Cabarrus 


Granville 


Person 


Union 


Caswell 


Guilford 


Randolph 




Chatham 


Lee 


Rockingham 





Cumberland: That part north of NC 24. 
Harnett: That part east of NC 87. 
Johnston: That part south of US 70 and west of 1-95. 
Moore: That part north of NC 21 1 and west of US 1. 
Sampson: That part west of NC 242 and north of US 13. 
Wake: That part south of 1-40. 
(2) Deer of Tither Sex. Deer of either sex may be taken during the open seasons and in the counties 
and portions of counties listed in this Subparagraph: 

(A) The open either-sex deer huntuig dates established by the U.S. Fish and Wildlife Service 
during the period from the first Saturday in October to January 1 in those parts of Hyde, Tvrrell 
and Washington Counties known as the Pun go Pocosin I akes National Wildlife Refuge, in 
those parts of Camden, Gates and Pasquotank Counties known as the Dismal Swamp National 
Wildlife Refuge, and in that part of Currituck County known as the Mackay Island National 
Wildlife Refuge and those part s of Anson and Richmond Counties known as Pee Dee National 
Wildlife Refuge. 

(B) The open either-sex deer hunting dates established by the appropriate military commands 
during the period from Monday on or nearest October 1 5 to January 1 in that part of Brunswick 
County known as the Sunny Point Military Ocean Terminal, in that part of Craven County 
known and marked as Cherry Point Marine Base, in that part of Onslow County known and 
marked as the Camp I ejeune Marine Base, on Fort Bragg Military Reservation, and on Camp 
Mackall Military Reservation. 

fG) T4h» open either 5es tl*f hunting dat e- : . established l*y t+n* U.S. Fish a«4 Wildlife Service 
during tkh» period from tkw Monday »+» t-*f nearest October 44 h* January 4- h* those parts (4 
Anson »«4 Richmond Counties known as At? Rr^* Dth* National Wildlife Refuge. 

(C) (4^ Third Second Saturday in October for youth either sex deer hunting by permit only on 
a designated portion of Belews Creek Steam Station in Stokes County. 

( D) f-P-4 The second Saturday in December in all of Buncombe, Cleveland, Haywood, Henderson. 
Madison, Polk, Rutherford and Transylvania Counties. 

(F) fF-} Wednesday of the week following Thanksgiving in all of Catawba. Cleveland, Forsyth. 
Mitchell, and Rutherford Counties: and in the following parts of Counties: 
Alleghany: All of the county except game lands. 



1326 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



Ashe: All of the county except game lands. 

Aver>': That part south of the Blue Ridge Parkway, except game lands. 

Burke: /Ml of the county except game lands. 

Caldwell: All of the county except same lands. 

Cumberland: That part south of SR 1709, west of SR 1802, west of US 301 and east of the 

Cape Fear River. 
Davidson: That part north of 1-85, except game lands. 
McDowell: All of the county except game lands. 
Mecklenburg: That part west of 1-77, south of NC 73. east of the Catawba River, and north 

of NC 16 and SR 2004 except for the Cowan's Ford Waterfowl Refuge. 
Rowan: That part west of US 52, except game lands. 
Washington: That part east of NC 32 and south of US 64. 

(F) (-G+ Wednesday and Thursday of the week following Thanksgiving in all of Dare, Iredell and 
Surry Counties and in the following parts of counties: 

Alexander: All of the county except game lands. 

Cabarrus: That part west of US 52 and south of a line formed by NC 49 from the Mecklenburg 

County line to Mount Pleasant and east of SR 1006 from Mount Pleasant to the Rowan 

County line. 
Davie: All of the county except game lands. 
Moore: That part north of NC 211, except game lands. 
Scotland: That part north of US 74. except game lands. 
Stokes: All of the county except game lands. 
Tyrrell: That part south of US 64. 
Wilkes: All of the county except game lands. 

(G) (444/ Wednesday to Saturday of the week following Thanksgiving in all of Alamance. Camden, 
Caswell, Chatham, Durham, Granville, Greene, Uee, Orange, Pasquotank, Person, 
Rockinaham, Wake, and Wilson Counties and in the following parts of counties: 
Columbus: That part west of a line formed by US 74, SR 1005, and SR 1 125. 
Cumberland: That part east of 1-95 and south of NC 24. 

Currituck: That part north and west of the Intracoastal Waterway. 

Franklin: That part west of US 1. 

Guilford: That part north of a boundary formed by 1-40 and 1-85. 

Johnston: That part north of US 70 and west of 1-95. 

Moore: That part south of NC 211, except game lands. 

Nash: That part south of US 64. 

Perquimans: That part south of US 17 and east of Perquimans River. 

Randolph: That part south of US 64 and west of US 220, except on game lands. 

Richmond: That part east of a line formed by US 220 from the Montgomery" County line to 

Rockingham and US 1 from Rockingham to the South Carolina line, except on game lands. 
Robeson: That part east of 1-95. 
Stanly: That part west of US 52. 
Wayne: That part north of US 70. 
(II) (44/ Wednesday of the week following Thanksgiving to Saturday of next succeeding week in all 
of Hyde, Vance, and Warren Counties and in the following parts of counties: 
Anson: All of the county except game lands. 
Cabarrus: That part east of US 52. 
Carteret: All of the county except game lands. 
Chowan: That part north of US 17. 

Currituck: That part south and east of the Intracoastal Waterway, except the Outer Banks. 
Davidson: That part south of 1-85, except on game lands. 
Edgecombe: That part south of US 64. 
Franklin: That part east of US 1. 
Johnston: That part south of US 70 and east of 1-95. 
Lenoir: That part west of NC 1 1. 
Montgomery: All of the county except on game lands. 
Nash: That part north of US 64. 
Richmond: That part west of a line formed by US 220 from the Montgomery County line to 

Rockingham and US 1 from Rockingham to the South Carolina line. 



6: IS NORTH CAROLINA REGISTER December 16, 1991 Bl' 7 



PROPOSED RULES 



Rowan: That part east of LS 52, except on game lands. 

Stanly: That part east of LS 52, except game lands. 

Washington: That part west of NC 32 and south of US 64. 

Wayne: That part south of US 70. 
(1) hh Monday of Thanksgiving week to the third Saturday after Thanksgiving Day in that part 

of Buncombe County east of NC 191, south of the French Broad and Swannanoa Rivers, west 

of US 25, and north of SR 3503, NC 280 and SR 3501. 
(J) (4v+ Wednesday of the week following Thanksgiving to January 1 in all of Brunswick, Hertford, 

Gates, Northampton, and Pitt Counties, and in the following parts of counties: 

Beaufort: All of the county except game lands. 

Bertie: All of the county except Roanoke River Wetlands and Roanoke River National Wildlife 
Refuge. 

Bladen: All of the county except game lands. 

Chowan: That part south of US 17. 

Columbus: That part east of a line formed by US 74, SR 1005. and SR 1 125. 

Craven: All of the county except game lands. 

Duplin: All of the county except game lands. 

Edgecombe: That part north of I 'S 64. 

Halifax: All of the county except Roanoke River Wetlands. 

Jones: All of the county except game lands. 

Lenoir: That part east of NC 1 1. 

Martin: .All of the county except Roanoke River Wetlands. 

New Hanover: That part north of LS 74. 

Onslow: All of the county except game lands. 

Pamlico: All of the county except game lands. 

Pender: .All of the county except game lands. 

Perquimans: All of the county except that part that lies both south of LS 17 and east of the 
Perquimans River. 

Sampson: That part south of NC 24. 
(3) Game Lands Either-Sex Hunts. On the hunt dates indicated, deer of either sex may be taken 

bv permittees engaged in manased hunts conducted on game lands in accordance with 15A 

NCAC 10D .0003(d)(4) (5). 

(c) Open Seasons (Bow and Arrow) 

( 1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the 
bag limits set out in Paragraph (e) of this Rule, deer of either sex may be taken with bow and 
arrow during the following seasons: 

(A) Monday on or nearest September 10 to the fourth Saturday thereafter in the counties and 
parts of counties having the open season for male deer specified by Part (A) of Subparagraph 
(b)(1) of this Rule, except on the Sandhills Game Land. 

(B) Monday on or nearest September 10 to the second Saturday before Thanksgiving in the 
counties and parts of counties having the open seasons for male deer specified by Part (B) of 
Subparagraph (b)(1) of this Rule. 

(C) Monday on or nearest September 10 to the fourth Saturday thereafter, and Monday on or 
nearest October 15 to the Saturday before Thanksgiving in the counties and parts of counties 
having the open seasons for male deer specified by Part (C) of Subparagraph (b)( 1) of this Rule. 

(D) Monday on or nearest September 10 to the third Saturday before Thanksgiving in the coun- 
ties and parts of counties having the open season for male deer specified by Part (D) of Sub- 
paragraph (b)(1) of this Rule, and on Sandhills Game Land. 

(2) Restrictions 

(A) Dogs may not be used for hunting deer during the bow and arrow season. 

( B ) It is unlawful to earn any type of firearm while hunting with a bow during the bow and arrow 

deer hunting season. 
(C) Only bows and arrows of the types authorized in 15A NCAC 10B .0116 for taking deer may 

be used during the bow and arrow deer hunting season. 

(d) Open Seasons (Muzzle- Loading Rifles and Shotguns) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer 
mav be taken onlv with muzzle-loadins firearms during the following seasons: 



1328 6: IS NORTH CAROLINA REGISTER December 16, 1 99 1 



PROPOSED RULES 



(A) Monday on or nearest October 8 to the following Saturday in the counties and parts of 
counties having the open seasons for male deer specified by Items (A) and (C) of Subparagraph 
(b)(1) of this Rule, except on Sandhills Game Land. 

(B) Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of 
counties having the open seasons for male deer specified by Item (B) of Subparagraph (b)(1) 
of this Rule. 

(C) Monday to Saturday of the second week before Thanksgiving week in the counties and parts 
of counties having the open season for male deer specified by Part (D) of Subparagraph (b)(1) 
of this Rule, and on Sandhills Game Land. 

(2) Restrictions 

(A) Only male deer with visible antlers may be taken during the mu/./.le-loading firearms season 
except that: 

(i) On the last day of the established muzzle-loading firearms season a maximum of two 
antlerless deer may be substituted for an equal number of antlered deer when taken in that 
part of any county listed in this Subparagraph that has an established gun either-sex deer 
season. 

Iredell Stokes 

Mecklenburg Surry 

McDowell Wilkes 

Mitchell 

Rutherford 

(ii) In those areas with an established gun either-sex deer season in counties or parts of counties 
listed in Paragraph (b)(1)(A) or (D) of this Rule a maximum of two antlerless deer may be 
substituted for an equal number of antlered deer and one additional antlerless deer is permitted 
without substitution. 

(B) Dogs may not be used for hunting deer during the muzzle-loading firearms seasons. 

(C) Pistols may not be carried while hunting deer during the muzzle-loading firearms seasons, 
(e) Bag Limits 



Alexander 


Caldwell 


Alleghanv 


Catawba 


Ashe 


Cleveland 


Avery 


Davie 


Burke 


Porsvth 



(1) 

(2) 



(3) 



Male Deer With Visible Antlers. Daily, two: possession, four; season, four. 
Antlerless Deer. Where antlerless deer may be lawfully taken, a maximum of two antlerless deer 
may be substituted for an equal number of antlered deer in the limits contained in Subparagraph 
( 1 ) of this Paragraph. Antlerless deer include males with knobs or buttons covered by skin or 
velvet as distinguished from spikes protruding through the skin. 

In those areas with an established gun either-sex deer season in counties and parts of counties 
listed in Paragraph (b)(1)(A) or (D) of this Rule, one additional antlerless deer is permitted 
without substitution when taken during a gun either-sex, bow and arrow or muzzle-loading 
firearms season. In those counties or parts of counties listed in Paragraph (b)(2)(k), this one 
additional antlerless deer may be taken during any part of the gun deer season except on game 
lands where this deer cannot be taken during any part of a gun season not open to either sex 
deer hunting. When taken during the regular gun season this additional antlerless deer must be 
tagged with the antlerless only deer tag. 
(f) Kdl Reports. The carcass of each deer shall be taaaed and the kill reported as provided by 15A 
NCAC 10B .0113. 



Statutory Authority G.S. 113-134: 113-270.3; 113-276.1; 1 13-291. 1; 1 13-291.2. 



SUBCHAPTER IOC- INLAND FISHING 
REGULATIONS 

SECTION .0200 - GENERAL REGULATIONS 

.0206 TROTLINES AND SET-HOOKS 

Trotlines and set-hooks may be set in the inland 
waters of North Carolina, provided no live bait 
is used; except that no trotlines or set-hooks may 
be set in designated public mountain trout wa- 
ters, Lake Waccamaw, or in any of the 
impounded waters on the Sandhills Game Land. 
For the purposes of this Regulation, a set-hook 



is defined as any hook and line which is attached 
at one end only to a stationary' or floating object 
and which is not under immediate control and 
attendance of the person using such device. Each 
trothne shall have attached the name and address 
of the user legibly and indelibly inscribed. Lach 
trotline shall be conspicuously marked at each 
end with a flag, float, or other prominent object 
so that its location is readily discernable by boat 
operators and swimmers. Trotlines must be set 
parallel to the nearest shore in ponds, lakes, and 
reservoirs. All trotlines and throwlines must be 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1329 



PROPOSED RULES 



fished at least once daily and all fish removed at 
that time. Lntended trotlines. as evidenced by 
the absence of bait, may be removed from the 
water by wildlife enforcement officers when lo- 
cated in areas of multiple water use. 

Recognizing the safety hazards to swimmers, 
boaters and water skiers which are created by 
floating metal cans and glass jugs, it is unlawful 
to use metal cans or glass jugs as floats. This 
shall not be construed to prohibit the use of 
plastic jugs, cork, styrofoam. or similar materials 
as floats. 

Statutory Authority G.S. I 13-134: 113-272; 
1 13-292. 

.(1212 FISH HATCHERIES 

1 xci ' pt »«■ 1 ald » R i m . i+ h is unlawful to fish 
by any method or at any time in the waters of 
or upon any property used in conjunction with, 
any state fish hatchery. On I ake Rim it is un- 
lawful to fish from July L 1 992 through June 30. 
N93. to use power-driven boats, except those 
powered by electric motors. •!+ t~ unlaw ful to 
swim or bathe m t4*e water ', ef I ake Rim at any 
time, or to use. or have in possession, any 
minnows or other species of fish except golden 
shiners (shad roaches) for use as bait. ifh= to at- 
tempt to frtk-e fish to e»v m e an- except bv hook 

• ti I lin.i 
CTTTTT 1 I I I V. - 



Statutory Authority G.S. 113-134; 1/3-264; 
1/3-292. 

SECTION .0300 - GAME MSI I 

.0302 MANNER OF TAKING INLAND GAME 
FISHES 

Except as provided below, it is unlawful for any 
person to take inland game fishes from any of the 
waters of North Carolina by any method other 
than with hook and line, rod and reel, or by 
casting. I anding nets may be used to land fishes 
caught on hook and line. Game fishes taken in- 
cidental to commercial fishing operations in joint 
fishing waters or coastal fishing waters shall be 
immediately returned to the water unharmed, 
except that licensed commercial pound net fish- 
ermen may retain one daily limit of 25 panfishes 
for each operation. Game fishes taken incidental 
to the use of licensed special devices for taking 
nongamc fishes from inland fishing waters as au- 
thorized by 15A NCAC IOC .0407 shall be im- 
mediately returned to the water unharmed, 
except that spotted sea trout may be retained 
without limit. 



Statutory Authority 
113-292: 113-302. 



G.S. 113-134; 113-273; 



.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and 
creel and size limits are as indicated in the following table: 



GAME FISHES 


DAII V CREEL 
1 EMITS 


MINIMUM 
SIZE 1 IMITS 


OPEN SEASON 


Mountain Trout: 
Wild Trout 
Waters 


4 








7 in. 
(exc. 15) 




.-YU vear 
(exc. 2i 


Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
Waters 


' 








None 




All year, except 
March 1 to 7:00 a.m 
on first Saturday" 
in April 
(exes. 2 & 3) 


Muskellunge 
and Tiger Musky 


2 








30 in. 




AI 1 VEAR 


Chain Pickerel 
(Jack) 


N 


one 






None 




ALL VEAR 


Walleye 


S 
(c 


xcs. 9 & 


10) 


None 
(exc. 9) 




ALL VEAR 


Sauaer 


s 








15 in. 




ALL VEAR 



1330 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



Black Bass: 
Largemouth 



Smallmouth 
and Spotted 

White Bass 

Sea Trout (Spot- 
ted or Speckled) 

Flounder 

Red drum (channel 
bass, red fish, 
puppy drum) 

Striped Bass 
and their hybrids 
(Morone Hybrids) 

Kokanee Salmon 

Paniishes 



NONGAME FISHES 



(b) Exceptions 



(exc. 10) 

5 

(exc. 10) 

25 

None 

None 
None 



8 aggregate 
(exes. 1 & 6) 



None 

(exes. 5 & 1-4) 

None 

(exc. 17) 



14 in. 


ALL YEAR 


(exes. 4, 


(exc. 13) 


8 & 11) 




12 in. 


ALL YEAR 


(exes. 4, 




8& 11) 




None 


ALL YEAR 


12 in. 


ALL YEAR 


13 in. 


ALL YEAR 


14 in. 


ALL YEAR 



16 in. 

(exes. 1, 
6& 12) 

None 

None 
(exc. 14) 

None 

(exc. 17) 



ALL YEAR 

(exes. 6 & 16) 



ALL YEAR 

ALL YEAR 

(exc. 5) 

ALL YEAR 

(exc. 7) 



(1) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam, and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, the creel limit on striped 
bass and Morone hybrids is four in the aggregate and the minimum size limit is 20 inches. 

(2) In designated public mountain trout waters the season for taking all species of fish is the same 
as the trout fishing season. There is no closed season on taking trout from Nantahala River and 
all tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded 
waters of power reservoirs and municipally-owned water supply reservoirs open to the public for 
fishing. 

(3) Lnder an agreement with Tennessee, the minimum size limit on trout in Caldcrwood Reservoir 
is seven inches. 

(4) Bass taken from streams designated as public mountain trout waters or from Caldcrwood Res- 
ervoir may be retained without restriction as to size limit. 

(5) On Mattamuskeet I akc, special federal regulations apply. 

(6) In the inland fishing waters of Cape Fear, Neuse, Pungo and Tar - Pamlico Rivers and their 
tributaries extending upstream to the first impoundment, the daily creel limit for striped bass and 
their hybrids is one fish and the minimum length limit is 18 inches. In the Roanoke River up 
to the first impoundment, from July 1 through March 31 and June 1 through June 30 the daily 
creel limit for striped bass is one fish and the minimum length limit is 18 inches; from April 1 
to May 31 the daily creel limit is three fish, no fish between the lengths of 22 inches and 27 
inches may be retained, and the minimum length limit is 16 inches, except no fish may be re- 
tained in Roanoke River and its tributaries including Cashie, Middle and Eastmost rivers from 
May 1 to December 31, 1991. 

(7) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(8) The maximum combined number of black bass of all species that may be retained per day is 
five fish, no more than two of which may be smaller than the applicable minimum size limit. 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1331 



PROPOSED RILES 



The minimum size limit for all species of black bass is 14 inches, with no exception in Lake I uke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, and in Currituck 
Sound and tributaries north of Wright Memorial Bndge; in North River and tributaries in 
Currituck and Camden Counties north of a line between Camden Point and the end of SR 1 124. 
In and west of Madison. Buncombe, Henderson and Polk Counties the minimum size limit is 
12 inches. In B. Everett Jordan Reservoir a minimum size limit of 16 inches, with no exception, 
applies to largemouth bass. In balls of Neuse Reservoir, east of SR 1004, Sutton lake and 
"I uckertown I ake no black bass between the lengths of 12 inches and 16 inches may be retained, 
and the minimum size limit for black bass is 16 inches, except that the daily creel may contain 
two black bass ofless than 12 inches in length. In W. Kerr Scott Reservoir there is no minimum 
size limit for spotted bass. 
1 9) A minimum si/e limit of 15 inches applies to walleye taken from I ake James and its tributaries, 
and the daily creel limit for walleye is four fish in I inville River upstream from the NC 126 
bridge above bake James. 

(10) The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 

(11) The minimum size limit for all black bass, with no exception, is IS inches in the following 
trophy bass lakes: 

(A) Cane Creek I ake m I nion County; and 

(B) I ake Thom-AT ex in Davidson Count). 

(12) In all impounded inland waters and their tributaries, except those waters described in Fx- 
ceptions (1), the daily creel limit of striped bass and their hybrids may include not more than 
two fish ot smaller si/e than the minimum size limit. 

(13) In Cane Creek Reservoir (Orange County ) the season for taking largemouth bass is closed. 

( 14) In bake Tillery. balls bake. Badin bake, and Tuckertown I ake a daily creel limit of 20 fish and 
a minimum size limit of S inches apply to crappie. 

(15) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown and 
rainbow trout. 

(16) In designated inland fishing waters of Roanoke Sound. Croatan Sound. Albemarle Sound, 
Chowan River, Currituck Sound. Alligator River, Scuppemong River, and their tributaries (ex- 
cluding the Roanoke River and Cashie River and their tributaries), striped bass fishing season 
is closed when adjacent joint or coastal fishing waters are closed to hook and line fishing for 
striped bass by the Marine bisheries Commission. 

(17) I he dailv creel and length limits tor channel, w hite. and blue cattish m designated urban lake: 
are provided lor in 1 3 A MAC IOC .iMnlidi. ' 



Statutory Authority G.S. 1 13-134: 1 13-292; 1 13-304; 1 13-305. 



SECTION .0400 - NONGAME FISH 

.0-101 MANNER OF T \MN(; NONGAME 
FISHES: I'l RCHASE AND SALE 

(a) bxcept as permitted by the rules in this 
Section, it is unlawful to take nongame fishes 
from the inland fishing waters of North Carolina 
in any manner other than with hook and line, rod 
and reel, trotline or set-hook. Nongame fishes 
may be taken by such hook and line methods at 
any time without restriction as to size limits or 
creel limits, except that no trotlines or set-hooks 
may be used in 1 ake Waccamaw. in the 
impounded waters located on the Sandhills 
Game I and or in designated public mountain 
trout waters. The season for taking nongame 
hshes by other hook and line methods in desig- 
nated public mountain trout waters shall be the 
same as the trout fishing season. 



(b) Nongame fishes taken by hook and line 
methods or by licensed special devices may be 
bought tm4 sold. 

(c) Freshwater mussels may only be taken from 
impounded waters, except mussels shall not be 
taken in Lake Waccamaw and in University I ake 
in Orange County. 

(d) In the Irban 1 akes listed in this Paragraph 
h is unlawful to take channel, white or blue 
catfish (forked tail catfish) bv means other than 



hook and line: the dailv creel limit tor forked tail 
cattish is six fish in aggregate and the minimum 
length limit is _1_2 inches: 

Oka I . Hester Pond. Guilford Counts 



I ake I uke Marion, Moore C 'ountv 
I ake Crabtree. Wake County 



Shelley I ake. Wake County 

Freedom Park Pond. Mecklenburg Countv 



Hornet s Nest Ponds. Mecklenburg Countv 



Campus 1 lills Pond. Durham County 
I win I ake Ponds. Durham Countv 



1332 



6: IS \ORTH CAROLIXA REGISTER December 16, 1991 



PROPOSED RULES 



Rocky Mount City Lake, Nash County 

Statutory Authority G.S. 113-134; 113-272; 
113-292. 

.0407 PERMITTED SPECIAL DEVICES 
AND OPEN SEASONS 

Except in designated public mountain trout 
waters, and in impounded waters located on the 
Sandhills Game I^and, there is a year-round open 
season for the licensed taking of nongame fishes 
by bow and arrow. Seasons and waters in which 
the use of other special devices is authorized are 
indicated by counties below: 

(1) Alamance: 

(a) July 1 to August 31 with seines in 
Alamance Creek below NC 49 bridge and 
Haw River; 

(b) July 1 to June 30 with gigs in all public 
waters; 

(2) Alexander: July 1 to June 30 with traps 
and gigs in all public waters; and with spear 
guns in Lake Hickory and Lookout Shoals 
Reservoir; 

(3) Alleghany: July 1 to June 30 with gigs in 
New River, except designated public moun- 
tain trout waters: 

(4) .Anson: 

(a) July 1 to June 30 with traps and gigs in 
all public waters; 

(b) December 1 to June 5 with dip and bow 
nets in Pee Dee River below Blewett falls 
Dam, and with gill nets in Pee Dee River 
below the lower end of Goat Island; 

(c) July 1 to August 31 with seines in all run- 
ning public waters, except Pee Dee River 
from Blewett Falls downstream to the 
Seaboard Coast Line Railroad trestle; 

(5) Ashe: July 1 to June 30 with gigs in New- 
River (both forks), except designated public 
mountain trout waters; 

(6) Beaufort: 

(a) July 1 to June 30 with traps in the Pungo 
River, and m the Tar and Pamlico Rivers 
above Norfolk and Southern Railroad 
bridge; and with gigs in all inland public 
waters; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters; with drift 
gill nets in Tar River upstream from the 
Norfolk and Southern Railroad bridge at 
Washington to the Pitt County line; and 
with gill nets in all other inland public 
waters, except Blounts Creek. 
Chocowinity Bay, Durham Creek, Mixon 
Creek and Nevil Creek and their 
tributaries. 

(7) Bertie: 



(a) July 1 to June 30 with traps in the Broad 
Creek (tributary of Roanoke); 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in all inland 
public waters; 

(8) Bladen: 

(a) December 1 to March 1 with gill nets in 
all inland public waters, except Jones, 
Salters, White, Singletarv and BaUree 
(Black) Lakes; 

(b) December 1 to May 1 with gill nets in 
Black River; 

(c) December 1 to June 5 with dip and bow- 
nets in Black River; 

(9) Brunswick: 

(a) December 1 to March 1 with gill nets in 
all inland public waters; 

(b) December 1 to May 1 with dip, bow, and 
gill nets in Alligator Creek, Hoods Creek, 
Indian Creek, Orton Creek below Orton 
Pond, Rices Creek, Sturgeon Creek and 
Town Creek; 

(10) Buncombe: July 1 to June 30 with gigs 
in all public waters, except designated public 
mountain trout waters; 

(11) Burke: 

(a) July 1 to August 31 with seines in all 
running public waters, except Johns River 
and designated public mountain trout 
waters; 

(b) July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout waters 
and Lake James; 

(12) Cabarrus: 

(a) July I to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(13) Caldwell: July 1 to June 30 with traps, 
gigs, and spear guns in all public waters, ex- 
cept designated public mountain trout wa- 
ters; 

(14) Camden: 

(a) July 1 to June 30 with traps in all inland 
public waters: 

(b) December 1 to June 5 with dip and bow- 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in all inland 
public waters; 

(15) Carteret: December 1 to June 5 with dip. 
bow, and gill nets in all inland public waters 
except South River and the tributaries of the 
White Oak River; 

(16) Caswell: 



6: IS NORTH CAROLINA REGISTER December 16, 1 99 1 



1333 



PROPOSED RULES 



(a) July 1 to June 30 with gigs in all public 
waters: 

(b) July 1 to August 31 with seines in all 
running public waters, except Moons 
Creek: 

(c) July 1 to June 30 with traps in Hyco 
Reservoir; 

(17) Catawba: 

(a) July 1 to August 31 with seines in all 
running public waters, except Catawba 
River below Lookout Dam: 

(b) July 1 to June 30 with traps, spear guns, 
and ass in all public waters; 

(18) Chatham: 

(a) December 1 to Apnl 15 with dip and gLU 
nets in the Cape Fear River. Deep River, 
Haw River and Rocky River (local law): 

(b) July 1 to August 31 with seines in the 
Cape Fear River, and 1 law River; 

(O July 1 to June 30 with traps in Deep River: 
and with gigs in all public waters: 

(19) Cherokee: July 1 to June 30 with gigs in 
all public waters, except designated public 
mountain trout waters; 



(20) 

(a) 



(b) 



(21) 



Chowan: 

December 1 to June 5 with dip and bow 

nets in all inland public waters, excluding 

public lakes, ponds, and other impounded 

waters: and with gill nets in all inland 

public waters, except Bennetts Mill Pond 

and Dillard Pond: 

July 1 to June 30 with traps in all inland 

public waters, excluding public lakes. 

ponds, and other impounded waters: 

Clay: July 1 to June 30 with gigs in all 

public waters, except designated public 

mountain trout waters; 
(22) Cleveland: 
(a) July 1 to August 31 with seines in all 
running public waters: 
July 1 to June 30 with gigs, traps and spear 
guns in all public waters: 
Columbus: 

December 1 to March 1 with gill nets and 
gigs in all inland public waters, except 
Lake Waccamaw and its inlets; 
December 1 to June 5 with dip, bow. and 
gill nets in I ivingston Creek: 
Craven: 

July 1 to June 30 with traps in the main 
run of the Trent and Neuse Rivers; 
December 1 to June 5 with dip. bow. and 
gill nets in all inland public waters, except 
Pitch Kettle. Gnndle, Slocum. Spring and 
Hancock Creeks and their tnbutaries: with 
dip and bow nets in Slocum Creek above 
the L"S 70 bridge: and with seines in the 
Neuse River: 



(b) 

(23) 
(a) 



(b) 

(24, 
(a) 

(b) 



(25, 

\ 

(26) 

(a) 

(b) 



(2-) 
(a) 



(b) 



(28) 
(a, 

I b , 



(29) 

(a) 

(b) 



(30, 
(a) 



(bl 



(31) 
(a) 

(b) 

(32, 
(a, 

(b) 



Cumberland: December 1 to March 1 
ith gill nets in all inland public waters: 
Currituck: 

July 1 to June 30 with traps in "Lulls Creek 
and Northwest River; 
December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in Northwest 
River and Tulls Creek: 
Dare: 

July 1 to June 30 with traps in Mashoes 
Creek. Milltail Creek. Fast Lake and 
South Lake; 

December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in Martui Point 
Creek; 
Davidson: 

July 1 to August 31 with seines in all 
running public waters, 
July 1 to June 30 with gigs in all public 
waters, and with traps in all public waters 
except Leonard's Creek. Abbott's Creek 
below Lake Jhom-A-Lex dam. and the 
Abbott s Creek arm of High Rock Lake 
upstream from the NC 8 bridge; 
Davie: 

July 1 to June 30 with traps and gigs in 
all public waters: 

July 1 to August 3 1 for taking only carp 
and suckers with seines in Dutchmans 
Creek from US 601 to Yadkin River and 
in Hunting Creek from SR 133S to South 
Yadkin River; 
Duplin: 

December 1 to March 1 with gill nets in 
Baysden Pond and in the Northeast Cape 
Fear River, including old channels from a 
point one mile above SR 1700 (Serecta) 
Bndge downstream to the county line: 
December 1 to June 5 with dip. bow. and 
gill nets and seines in the main run of the 
Northeast Cape Fear River downstream 
from a point one mile above Serecta 
Bndge; 
Durham: 

July 1 to August 3 1 with seines in Neuse 
River. 

July 1 to June 3d with gigs in all public 
waters; 
Edgecombe: 

December 1 to March 15 with gill nets in 
Noble Mill Pond and Wiggins I ake; 
December 1 to June 5 with dip and bow- 
nets in all public waters; and with drift gill 



/.?.-?-/ 



6:18 SORTH CAROLLXA REGISTER December 16, 1991 



PROPOSED RULES 



nets in Tar River below the bridge at Old 
Sparta to the Pitt County line; 

(33) Forsrth: July 1 to June 30 with traps and 
gigs in all public waters, except traps may 
not be used in Belews Creek Reservoir; 

(34) Franklin: 

(a) December 1 to March 1 with gill nets in 
Clifton Fond, Parrish Pond, Jackson 
Pond and Lake Royale; 

(b) July 1 to August 31 with seines in Tar 
River; 

(c) July 1 to June 30 with gigs in all public 
waters, except Parrish. Laurel Mill. 
Jackson, Clifton, Moore's and Perry's 
Ponds, and in the Lranklinton City 
ponds; 

(35) Gaston: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with gigs, traps and spear 
guns in all public waters; 

(36) Gates: December 1 to June 5 with dip and 
bow nets in all inland public waters, exclud- 
ing public lakes, ponds, and other 
impounded waters; and with gill nets in all 
inland public waters, except Williams (Mer- 
chants Mill) Pond: 

(37) Graham: July 1 to June 30 with gigs in 
all public waters, except designated public 
mountain trout waters; 

(38) Granville: 

(a) July 1 to June 30 with gigs in all public- 
waters, except Kerr Reservoir; 

(b) July 1 to August 31 with seines in the 
Neuse River and the Tar River below LS 
158 bridge; 

(c) July 1 to June 30 with dip m4 ea** nets in 

Kerr Reservoir; 

(d) July J_ to June 30 with cast nets in all 
public waters: 

(39) Greene: December 1 to June 5 with dip. 
bow, and gill nets and reels in Contentnea 
Creek; 

(40) Guilford: 

(a) July 1 to August 31 with seines in Haw- 
River, Deep River below Jamestown 
Dam, and Reedy Fork Creek below US 
29 bndge; 

(b) July 1 to June 30 with gigs in all public 
waters; 

(41) Halifax: 

(a) December 1 to March 1 with trill nets in 
White's Mill Pond; 

(b) December 1 to June 5 with dip and bow 
nets in Beech Swamp. Clarks Canal, 
Conoconnara Swamp, Fishing Creek be- 
low the Fishing Creek Mill Dam, 
Kehukee Swamp, Looking Glass Gut, 



Quankey Creek, and Wliite's Mill Pond 
Run; 
(c) July 1 to June 30 with dip and cast nets in 
Gaston Reservoir and Roanoke Rapids 
Reservoir; 

(42) Harnett: 

(a) December 1 to March 1 with gill nets in 
all inland public waters; 

(b) January 1 to May 31 with gigs in Cape 
Fear River and tributaries; 

(c) December 1 to June 5 with dip and bow 
nets in Cape Fear River; 

(43) Haywood: July 1 to June 30 with gigs in 
all public waters, except Lake Junaluska and 
designated public mountain trout waters; 

(44) Henderson: July 1 to June 30 with gigs 
in all public waters, except designated public 
mountain trout waters; 

(45) Hertford: 

(a) July 1 to June 30 with traps in Wiccacon 
Creek; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in all inland 
public waters, except mill ponds; 

(46) Hoke: December 1 to March 1 with gill 
nets in all inland public waters; 

(47) Hyde: 

(a) July 1 to June 30 with traps in all inland 
waters; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in Pungo River 
and tributaries upstream from US 264 
bndge, Scranton Creek, and Long Shoal 
River and tributaries; 

(48) Iredell: July 1 to June 30 with traps and 
gigs in all public waters; and with spear guns 
in Lookout Shoals Reservoir and Lake 
Norman; 

(49) Jackson: July 1 to June 30 with gigs in 
all public waters, except designated public 
mountain trout waters; 

(50) Johnston: 

(a) December 1 to March 1 with gill nets in 
Cattails Lake, Holts Fake, Holts Pond, 
and Wendell Lake; 

(b) December 1 to June 5 with dip and bow 
nets in Black Creek, Little River, Middle 
Creek, Mill Creek, Neuse River, and Swift 
Creek; 

(51) Jones: 

(a) July 1 to June 30 with traps in the Trent 
River below US 17 bridge and White Oak 
River below US 17 bndsze: 



6: IS NORTH CAROLINA REGISTER December 16, 1 99 1 



1335 



PROPOSED RULES 



(b) December 1 to June 5 with dip, bow. and 
all nets in all inland public waters, except 
the White Oak River and its tnbutanes; 

(c) December 1 to June 5 with dip and bow- 
nets in the main run of the White Oak 
River; 

(d) March 1 to April 30 with gill nets in the 
main run of the White Oak River; 

(52) lee; 

(a) December 1 to April 15 with dip and gilJ 
nets (local law) in Cape Fear River and 
Deep River; and with gill nets in Morns 
Pond: 

(b) July 1 to August 31 with seines in Cape 
Fear River; 

(c) July 1 to June 30 with traps in Deep River, 

and with gigs in all public waters; 

(53) Lenoir: 

(a) July 1 to June 30 with traps in Neuse 
River below US 70 bridge at Kinston; 

(b) December 1 to June 5 with dip, bow, and 
gill nets in Neuse River and Contentnca 
Creek upstream from NC 118 bridge at 
Grifton; and with seines in Neuse River; 

(54) Lincoln: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with traps, gigs and spear 
guns in all public waters; 

(>5) McDowell: 

(a) July 1 to August 31 with seines in all 
running public waters, except designated 
public mountain trout waters; 

(b) July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout waters 
and Lake James; 

(56) Macon: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters; 

(57) Madison: July 1 to June 30 with gigs in 
all public waters, except designated public 
mountain trout waters; 

(58) Martin: December 1 to June 5 with dip 
and bow nets in all inland public waters, 
excluding public lakes, ponds, and other 
impounded waters; and with gill nets in all 
inland public waters; 

(59) Mecklenburg: 

(a) July 1 to August 31 with seines in all 
running public waters: 

(b) July 1 to June 30 with traps, gigs and spear 
guns in all public waters; 

(60) Montgomery: 

(a) July 1 to August 31 with seines in all 
running public waters, except that part of 
the Pee Dee River between the I ake 



Tillery dam at Hydro and the mouth of 
Rocky River; 
(b) July 1 to June 30 with traps and gigs in 
all public waters: 

(61) Moore: 

(a) December 1 to April 15 with gill nets in 
Deep River and all tributaries; 

(b) July 1 to August 31 with seines in all 
running public waters except in Deep 
Riser; 

(c) July 1 to June 30 with gigs in all public 
waters, except lakes located on the 
Sandhills Game Land; and with traps in 
Deep River and its tributaries; 

(62) Nash: 

(a) December 1 to March 1 with gill nets in 
Boddies Pond and Camp Charles Lake; 

(b) July 1 to June 30 with gigs in all public 
waters, except Tar River; 

(c) December 1 to June 5 with dip and bow 
nets in the Tar River below I Iarris' 
I anding and Fishing Creek below the 
Fishing Creek Mill Dam; 

(63) New Hanover: December 1 to June 5 
with dip, bow, and gill nets in all inland 
public waters, except Sutton (Cattish) 1 ake; 

(64) Northampton: 

(a) July 1 to June 30 with gigs in all public 
waters, except Gaston and Roanoke 
Rapids Reservoirs and the Roanoke River 
above the FS 301 bridge; 

(b) December 1 to June 5 with dip and bow 
nets in Occoneechee Creek. Old River 
Landing Gut; and with dip, bow and gill 
nets in Vauahans Creek below Watsons 
Mill; 

(c) July 1 to June 30 with dip and cast nets in 
Gaston Reservoir and Roanoke Rapids 
Reservoir: 

(65) Onslow: 

(a) July 1 to June 30 with traps in White Oak 
River below FS 17 bridge; 

(b) August 1 to March 31 with eel pots in the 
main run of New Riser between FS 17 
bridge and the mouth of Hawkins Creek; 

(c) December 1 to March 1 with gill nets in 
Catherine Lake and Baysden Pond; 

(d) December 1 to June 5 with dip, bow. and 
gill nets in the main run of New River; 
and with dip and bow nets in the main 
run of the White Oak River; 

(e) March 1 to Apnl 30 with gill nets in the 
main run of the White Oak River: and 
with dip, bow and sill nets in Grant's 
Creek; 

(66) Orange: 

(a) Julv 1 to August 31 with seines in Haw 
River. 



1336 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(b) July 1 to June 30 with gigs in all public 
waters; 

(67) Pamlico: December 1 to June 5 with dip, 
bow and gill nets in all inland public waters; 

(68) Pasquotank: 

(a) July 1 to June 30 with traps in all inland 
waters; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in all inland 
public waters; 

(69) Pender: 

(a) December 1 to June 5 with dip, bow, and 
gill nets in the Northeast Cape Fear River 
and Long Creek; with dip and bow nets 
in Black River; and with seines in the 
main run of Northeast Cape Fear River; 

(b) December 1 to May 1 with gill nets in 
Black River; and with dip, bow, and gill 
nets in Moore's Creek approximately one 
mile upstream to New Moon Fishing 
Camp; 

(70) Perquimans: 

(a) July 1 to June 30 with traps in all inland 
waters; 

(b) December 1 to June 5 with dip and bow- 
nets in all inland public waters, excluding 
public lakes, ponds, and other impounded 
waters; and with gill nets in all inland 
public waters; 

(71) Person: 

(a) July 1 to August 31 with seines in Ilyco 
Creek and Mayo Creek; 

(b) July 1 to June 30 with gigs in all public 
waters. 

(72) Pitt: 

(a) July 1 to June 30 with traps in Neuse 
River and in Tar Riser below the mouth 
of Hardee Creek east of Greenville; 

(b) December 1 to June 5 with dip, bow and 
drift gill nets and with seines in Tar River; 
and with dip, bow and gill nets in all other 
inland public waters, except Grindle 
Creek, and Contentnea Creek between 
NC 1 1 S bridse at Grifton and the Neuse 
River; 

(73) Polk: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters; 

(74) Randolph: 

(a) December 1 to March 1 with gill nets in 
Deep River and L'w harrie River; 

(b) July 1 to August 31 with seines in Deep 
River above the Coleridge Dam and 
Lwharric Riser; 

(c) July 1 to June 30 'with gigs in all public- 
waters; 



(75) Richmond: 

(a) July 1 to August 31 with seines in all 
running public waters, except Pec Dee 
River from Blewett Falls downstream to 
the Seaboard Coast Fine Railroad trestle; 

(b) July 1 to June 30 with traps and gigs in 
all public waters, except lakes located on 
the Sandhills Game Fand; 

(c) December 1 to June 5 with dip and bow- 
nets in Pee Dee River below Blewett Falls 
Dam, and with gill nets in Pee Dee River 
below the mouth of Cartledge Creek; 

(76) Robeson: December 1 to March 1 with 
gill nets and gigs in all inland public waters; 

(77) Rockingham: 

(a) July 1 to August 31 with seines in Dan 
River and I [aw River; 

(b) July 1 to June 30 with traps in Dan River; 
and with gigs in all public waters; 

(78) Rowan: 

(a) July 1 to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(79) Rutherford: 

(a) July 1 to August 31 with seines in all 
running public waters, except designated 
public mountain trout waters; 

(b) July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout waters; 

(SO) Sampson: 

(a) December 1 to March 1 with gill nets in 
all inland public waters; 

(b) December 1 to May 1 with gill nets in Big 
Coharie Creek, Black River, and Six Runs 
Creek; 

(c) May 2 to June 5 with gill nets of no less 
than five and one-half inch stretch meas- 
ure in Big Coharie Creek, Black River, 
and Six Runs Creek; 

(d) December 1 to June 5 with dip and bow 
nets in Big Coharie Creek, Black River, 
and Six Runs Creek; 

(81) Scotland: December 1 to March 1 with 
gill nets in all inland public waters, except 
lakes located on the Sandhills Game Land; 

(82) Stanly: 

(a) July 1 to August 31 with seines in all 
running public waters, except that pail of 
the Pee Dee River between the I ake 
Tillery dam at Ihdro and the mouth o\ 
Rocky River; 

(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(83) Stokes: July 1 to June 30 with traps and 
gigs in all public waters, except designated 



6:18 NORTH CAROL! ISA REGISTER December 16. 1 99 1 



1337 



PROPOSED RULES 



public mountain trout waters, and traps may 
not be used in Belews Creek Reservoir; 

(84) Surry: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters: and with traps in the 
main stem of Yadkin River: 

(85) Swain: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters; 

(86) Transylvania: July 1 to June 30 with gigs 
in all public waters, except designated public 
mountain trout waters; 

(87) Tyrrell: 

(a) July 1 to June 30 with traps in 
Scuppemong River, Alligator Creek, and 
the drainage canals of bake Phelps except 
Bee Tree Canal within 50 yards of the 
lake Phelps fish ladder; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
Lake Phelps, Bee Tree Canal within 50 
yards of the Lake Phelps fish ladder, 
public lakes, ponds and other impounded 
waters; and with gill nets in Alligator 
Creek: 

(88) Union: 

(a) July 1 to August 31 with semes in all 
running public waters, 

(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(89) Vance: 

(a) December 1 to March 1 with gill nets in 
Southcrlands Pond and Ellis Pond: 

(b) July 1 to August 31 with seines in the Far 
River: 

(c) July 1 to June 30 with gigs in all public 
waters, except Rolands, Faulkners, 
Southcrlands, and Weldon Ponds, City 
Lake, and Kerr Reservoir: 

(d) July 1 to June 30 with dip a&£ «t^4- nets 
in Kerr Reservoir; 

(el July ]_ to June 30 with cast nets m all 
public waters: 

(90) Wake: 

(a) July 1 to June 30 with gigs in all public 
waters, except Sunset, Benson, Wheeler, 
Raleigh, and Johnson Lakes; 

(b) December 1 to June 5 with dip and bow 
nets in the Neuse River below Milburnie 
Dam. and Swift Creek below Lake 
Benson Dam; 

(91) Warren: 

(a) July 1 to .August 31 with seines in Fishing 
Creek. Shocco Creek, and Walker Creek; 
excluding Duck and Hammes Mill Ponds: 

(b) July 1 to June 30 with gigs in all public 
waters, except Duck and Hammes Mill 



Ponds, Kerr Reservoir, and Gaston Res- 
ervoir; 

(c) July 1 to June 30 with dip a«4 east- nets in 
Kerr Reservoir and Gaston Reservoir; 

(d) July J_ to June 30 with cast nets in all 
public waters; 

(92) Washington: 

(a) July 1 to June 30 with traps in the drainage 
canals of Lake Phelps; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding 
Lake Phelps, public lakes, ponds and 
other impoundments; and with gill nets in 
Conaby Creek; 

(93) Wayne: 

(a) December 1 to March 1 with gill nets in 
Sasser's Mill Pond and Sleepy Creek 
Lake; 

(b) December 1 to June 5 with dip and bow 
nets in Little River, Mill Creek, and 
Neuse Riser, except from Quaker Neck 
Dam downstream to SR 1008 (Tolar) 
bridge; 

(94) Wilkes: July 1 to June 30 with traps in 
Yadkin River below W. Kerr Scott Reser- 
voir; and with gigs and spear guns in all 
public waters, except designated public 
mountain trout waters; 

(95) Wilson: 

(a) July 1 to June 30 with gigs in Contentnea 
Creek (except Buckhorn Reservoir), in- 
cluding unnamed tnbutanes between 
Flowers Mill and SR 1 163 (Deans) bndge; 

(b) December 1 to June 5 with dip and bow 
nets m Contentnea Creek below L"S 301 
bndge and in Toisnot Swamp down- 
stream from the I^ake Toisnot Dam; 

(c) January 1 to March 1 with gill nets in Sil- 
ver Lake; 

(96) Yadkin: July 1 to June 30 with gigs in all 
public waters, and with traps in the main 
stem of Yadkin River, 

Statutory Authority G.S. 113-134; 113-276; 
113-292. 

SUBCHAPTER I0D - GAME LANDS 
REGULATIONS 

.0002 GENERAL REGULATIONS REGARDING 
LSE 

(a) Trespass. Entry on game lands for pur- 
poses other than hunting, trapping or fishing 
shall be as authorized by the landowner and there 
shall be no removal of any plants or parts 
thereof, or other matenals. without the written 
authorization of the landowner. Travel is re- 
st noted, except bv authorized personnel, to direct 



I33S 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



access from SR 2074 to the established waterfowl 
viewing stands on Cowan's lord Waterfowl 



Refuge, The Wildlife Resources Commission 
may designate areas on game lands as either an 
Archery Zone, Safety Zone or Restricted Zone. 

(1) Archery Zone. On portions of game lands 
posted as "Archery Zones" hunting is 
limited to bow and arrow hunting only. 

(2) Safety Zone. On portions of game lands 
posted as "Safety Zones" hunting is pro- 
hibited. No person shall hunt or dis- 
charge a firearm or bow and arrow within, 
into, or across a posted safety zone on any 
game land. 

(3) Restricted Zone. Portions of game lands 
posted as "Restricted Zones" are closed 
to all use by the general public, and entry 
upon such an area for any purpose, except 
as authorized by permit from the Execu- 
tive Duector of the Wildlife Resources 
Commission or by authorized personnel 
in the performance of their duties, is pro- 
hibited. 

(4) Establishment of Archery and Restricted 
Zones. The Commission will conduct a 
public input meeting in the area where the 
game land is located before establishing 
any archery or restricted zone. After the 
input meeting the public comments will 
be presented to an official Commission 
meeting for final determination. 

(b) Littering. No person shall deposit any lit- 
ter, trash, garbage, or other refuse at any place 
on any game land except in receptacles provided 
for disposal of such refuse at designated camping 
and target-shooting areas. No garbage dumps 
or sanitary landfills shall be established on any 
game land by any person, firm, corporation, 
county or municipality, except as permitted by 
the landowner. 

(c) Possession of Hunting Devices. It is un- 
lawful to possess a firearm or bow and arrow on 
a game land at any time except during the open 
hunting seasons or hunting days for game birds 
or game animals thereon unless said device is 
cased or not immediately available for use, pro- 
vided that such devices may be possessed and 
used by persons participating in field trials on 
field trial areas and on target shooting areas des- 
ignated by the landowner, and possessed in des- 
ignated camping areas for defense of persons and 
property; and provided further that .22 caliber 
pistols with barrels not greater than seven and 
one-half inches in length and shooting only short, 
long, or long rifle ammunition may be carried as 
side arms on game lands at any time other than 
by hunters during the special bow and arrow and 
muzzle-loading firearms deer hunting seasons and 



by individuals training dogs during closed season 
without field trial authorization. This Rule shall 
not prevent possession or use of a bow and arrow- 
as a licensed special fishing device in those waters 
where such use is authorized. During the closed 
firearms seasons on big game (deer, bear, boar, 
wild turkey), no person shall possess a shotgun 
shell containing larger than No. 4 shot or any ri- 
fle or pistol larger than a .22 caliber rimfire while 
on a game land, except that shotgun shells con- 
taining any size steel or non-toxic shot may be 
used while waterfowl hunting. No person shall 
hunt with or have in possession any shotgun 
shell containing lead or toxic shot while hunting 
on any posted waterfowl impoundment on any- 
game land, or while hunting waterfowl on 
Butner-Falls of Neuse Game I. and or New Hope 
Game Land, except shotgun shells containing 
lead buckshot may be used while deer hunting, 
(d) Game Lands License 

( 1 ) 1 hinting and Trapping 

(A) Requirement. Except as provided in 
Part (B) of this Subparagraph, any person 
entering upon any game land for the pur- 
pose of hunting, trapping, or participating 
in dog training or field trial activities must 
have in his possession a game lands li- 
cense in addition to the appropriate hunt- 
ing or trapping licenses. 

(B) Exceptions 

(i) A person under 16 years of age may 
hunt on game lands on the license of 
his parent or legal guardian. 

(ii) The resident and nonresident 

sportsman's licenses include game lands 
use privileges. 

(iiil Judges and nonresidents participating 
in field trials under the circumstances 
set forth in Subsection (e) of this Rule 
may do so without the game lands li- 
cense. 

(iv) On the game lands listed in Rule 
.0003(d)( 1 ) of this Subchapter the game 
lands license is required only for hunt- 
ing doves; all other activities are subject 
to the control of the landowners. 

(2) Trout Fishing. Any person 16 years of 
age or over, including an individual fishing 
with natural bait in the county of his res- 
idence, entering a game land for the pur- 
pose of fishing in designated public 
mountain trout waters located thereon 
must have in his possession a game lands 
license in addition to the regular fishing 
License and special trout license. The 
game lands license is not required to fish 
in that part of Slick Rock Creek which 
coincides with the Tennessee State line. 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1339 



PROPOSED RULES 



or when fishing from boat on Calderwood 
Lake. The resident and nonresident 
sportsman s licenses and short-term com- 
prehensive fishing licenses include trout 
fishing privileges on game lands, 
(e) Field Trials and Training Dogs. A person 
serving as judge of a field trial which, pursuant 
to a written request from the sponsoring organ- 
ization, has been officially authorized in writing 
and scheduled for occurrence on a game land by 
an authorized representative of the Wildlife Re- 
sources Commission, and any nonresident par- 
ticipating therein may do so without procuring a 
game lands license, provided such nonresident 
has in his possession a valid hunting license is- 
sued by the state of his residence. 

Any individual or organization sponsoring a 
field trial on the Sandhills Field Trial grounds or 
the Laurinburg Fox Trial facility shall file with 
the commission's agent an application to use the 
area and facility accompanied by a check for the 
facility use fee computed at the rate of fifty dol- 
lars ($50.00) for each scheduled day of the trial. 
The total facility use fee will cover the period 
from 12:00 noon of the day preceding the first 
scheduled day of the trial to 10:00 a.m. of the day 
following the last scheduled day of the trial. The 
facility use fee must be paid for all intermediate 
days on which for any reason trials are not run 
but the building or facilities are used or occupied. 
A fee of twenty-five dollars ($25.00) per day shall 
be charged to sporting, educational, or scouting 
groups for scheduled events utilizing the club 
house only. No person or group of persons or 
any other entity shall enter or use in any manner 
any of the physical facilities located on the 
Faurinburg Fox Trial or the Sandhills Field Trial 
grounds without first having obtained specific 
written approval of such entry or use from an 
authorized agent of the Wildlife Resources 
Commission, and no such entry or use of any 
such facility shall exceed the scope of or continue 
beyond the specific approval so obtained. 

The Sandhills Field Trial facilities shall be used 
only for field trials scheduled with the approval 
of the Wildlife Resources Commission. No 
more than 16 days of field trials may be sched- 
uled for occurrence on the Sandhills facilities 
during any calendar month, and no more than 
four days may be scheduled during any calendar 
week: provided, that a field trial requiring more 
than four days may be scheduled during one 
week upon reduction of the maximum number 
of days allowable during some other week so that 
the monthly maximum of 16 days is not ex- 
ceeded. Before October 1 of each year, the 
North Carolina Field Trial Association or other 
organization desiring use of the Sandhills facilities 



between October 22 and November 18 arid be- 
tween December 3 and March 3 1 must submit its 
proposed schedule of such use to the Wildlife 
Resources Commission for its consideration and 
approval. The use of the Sandhills Field Trial 
facilities at any time by individuals for training 
dogs is prohibited; elsewhere on the Sandhills 
Game Lands dogs may be trained only on Mon- 
days, Wednesdays and Saturdays from October 
1 through April 1. 

Dogs may not be trained or permitted to run 
unleashed between April 1 and August 1 5 on any 
game land located west of 1-95, except when 
participating in field trials sanctioned by the 
Wildlife Resources Commission. 

(f) Trapping. Subject to the restrictions con- 
tained in 15A NCAC 10B .0110, .0302 and .0303, 
trapping of furbearing animals is permitted on 
game lands during the applicable open seasons, 
except that trapping is prohibited: 

(1) on the field trial course of the Sandhills 
Game Land: 

(2) on the Harmon Den and Sherwood bear 
sanctuaries in Haywood County; 

(3) in posted "safety zones" located on any 
game land; 

(4) by the use of multiple sets (with anchors 
less than 15 feet apart) or bait on the Na- 
tional Lorest I ands bounded by the Blue 
Ridge Parkway on the south, US 276 on 
the north and east, and NC 215 on the 
west: 

(5) on that portion of the Butner-Falls of 
Neuse Game hands marked as the Penny 
Bend Rabbit Research area; 

(6) on Cowan's Ford Waterfowl Refuge in 
Gaston, I incoln and Mecklenburg Coun- 
ties; 

(7) on the Hunting Creek Swamp Waterfowl 
Refuge. 

On those areas of state-owned land known col- 
lectively as the Roanoke River Wetlands and 
including the Broadneck, Company Swamp, 
Conine Island, Speller-Outlaw and Lrquhart 
tracts, controlled trapping is allowed under a 
permit system. For information contact the Di- 
vision of Wildlife Management of the Wddlife 
Resources Commission. 

(g) Use of Weapons. No person shall hunt or 
discharge a firearm or bow and arrow from a ve- 
hicle, or within 200 yards of any building or des- 
ignated camping area, or within, into, or across 
a posted "safety zone" on any game land. No 
person shall hunt with or discharge a firearm 
within, into, or across a posted "restricted zone" 
on any game land. 

ih) Vehicular Traffic. No person shall drive a 
motorized vehicle on any game land except on 



1340 



6:l,S NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



those roads constructed and maintained for ve- 
hicular travel and those trails posted for vehicular 
travel; provided that this provision shall not ap- 
ply to participants in scheduled bird dog field 
trials held on the Sandhills Game Land. 

(i) Camping. No person shall camp on any 
game land except on an area designated by the 
landowner for camping. 

(j) Swimming. Swimming is prohibited in the 
lakes located on the Sandhills Game I. and. 

Statutory Authority G.S. 113-134; 113-264; 
113-270.3; 113-291.2; 113-291.5; 113-305; 
113-306. 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while- 
hunting on any designated game land shall be 
under the influence of alcohol or any narcotic 
drug, or fail to comply with special restrictions 
regarding the use of the Blue Ridge Parkway 
where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall 
park a vehicle on game lands in such a manner 
as to block traffic, gates or otherwise prevent ve- 
hicles from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to 
occupy, for the purpose of hunting, any tree 
stand or platform attached by nails, screws, bolts 
or wire to a tree on any game land designated 
herein. This prohibition shall not apply to lag- 
screw steps or portable stands that are removed 
after use with no metal left remaining in or at- 
tached to the tree. 

(d) Time and Manner of Taking. Fxcept 
where closed to hunting or limited to specific 
dates by these regulations, hunting on game lands 
is permitted during the open season for the game 
or furbearing species being hunted. On managed 
waterfowl impoundments, hunters shall not enter 
the posted impoundment areas earlier than 4:00 
a.m. on the permitted hunting dates, and hunting 
is prohibited after 1:00 p.m. on such hunting 
dates: decoys may not be set out prior to 4:00 
a.m. and must be removed by 3:00 p.m. each 
day. No person shall operate any vessel or ve- 
hicle powered by an internal combustion engine 
on a managed waterfowl impoundment. 

No person shall attempt to obscure the sex or 
age of any bird or animal taken by severing the 
head or any other part thereof, or possess any 
bird or animal which has been so mutilated. 

No person shall place, or cause to be placed on 
any game land, salt, grain, fruit, or other foods 
without prior written authorization of the com- 
mission or its agent. t»4 ho- No person shall take 
or attempt to take any game birds or game ani- 
mals attracted to such foods. 



No five wild animals or wild birds shall be re- 
moved from any game land, 
(e) Hunting Dates: 

( 1 ) Doves may be taken on the following 
game lands and dove hunting is limited to 
Mondays, Wednesdays, Saturdays and to 
Thanksgiving, Christmas and New Year's 
Days within the federally-announced sea- 
son: 

Buncombe County-- Brow ntown Farms 

Game I and 
Guilford County--Guilford County Farm 

Game Fand 
Fenoir County--Caswell Farm Game Fand 
Wayne County—Cherry Farm Game Fand 

(2) Any game may be taken during the open 
seasons on the following game lands and 
hunting is limited to Mondays, Wednes- 
days, Saturdays and Thanksgiving, 
Christmas and New Year's Days. In ad- 
dition, deer may be taken with bow and 
arrow on the opening day of the bow and 
arrow season for deer. Raccoon and 
opossum hunting may continue until 7:00 
a.m. on Tuesdays, until 7:00 a.m. on 
Thursdays, and until midnight on Satur- 
days. Additional restrictions apply as in- 
dicated in parentheses following specific 
designations: 

Ashe County--Carson Woods Game Fand 

Bertie County-- Bertie County Game lands 

Bladen County-- Bladen Fakes State Forest 
Game Lands (Handguns may not be car- 
ried and, except for muzzle-loaders, rifles 
larger than .22 caliber rimfire ma} not be 
used or possessed. On the Breece Tract 
and the Singletary Tract deer and bear 
may be taken only by still hunting. Deer 
of cither sex may be taken on the first 
Wednesday after Thanksgiving and on the 
second Saturday after Thanksgiving.) 

Caswell County--Caswcll Game I and 
(That part designated and posted as a 
"safety zone" is closed to all hunting and 
trapping, and entry upon such area for 
any purpose, except by authorized per- 
sonnel in the performance of their duties, 
is prohibited. On areas posted as "re- 
stricted zones" hunting is limited to bow 
and arrow.) 

Catawba and Iredell Counties--Catawba 
Game I and fNe- tWf m*y kx» taken from 
tlw tract ', known as Hand Point e# 
Molly r , Backbone ' .) 

Fenoir County— H.M. Biz.zcll, Sr., Game 
Fand 

Onslow County-- White Oak River 
Impoundment Game Fand (In addition 



6: 18 NORTH CAROLINA REGISTER December 16, 1991 



1 34 1 



PROPOSED RULES 



to the dates above indicated, waterfowl 
may be taken on the opening and closing 
days of the applicable waterfowl seasons.) 

Pender County— Holly Shelter Game Land 
(In addition to the dates above indicated, 
waterfowl may be taken on the opening 
and closing days of the applicable 
waterfowl seasons. Deer of either sex may 
be taken on the first Wednesday after 
Thanksgiving and on the second Saturday 
after Thanksgiving.) 

Richmond, Scotland and Moore Counties- 
Sandhills Game Land (The regular gun 
season for deer consists of the open hunt- 
ing dates from the second Monday before 
Thanksgiving to the third Saturday after 
Thanksgiving except on the field trial 
grounds where the gun season is from the 
second Monday before Thanksgiving to 
the Saturday following Thanksgiving. 
Deer may be taken with bow and arrow 
on all open hunting dates during the bow 
and arrow season, as well as dunng the 
regular gun season. Deer may be taken 
with muzzle-loading firearms on Monday, 
Wednesday and Saturday of the second 
week before Thanksgiving week, and 
during the regular gun season. Except for 
the deer seasons above indicated and the 
managed either-sex permit hunts, the field 
trial grounds are closed to all hunting 
during the period October 22 to March 
31. In addition to the regular hunting 
days, waterfowl may be taken on the 
opening and closing days of the applicable 
waterfowl seasons.) Wild turkey hunting 
is by permit only. 

Robeson County— Bullard and Branch 
Hunting Preserve Game I and 

Stokes County—Sauratown Plantation 
Game Land 

Yadkin County— Huntsville Community 
Larms Game Land 
(3) Am game may be taken on the following 
game lands during the open season, except 
that: 

( A ) Bears may not be taken on lands des- 
ignated and posted as bear sanctuaries; 

(B) Wild boar may not be taken with the 
use of dogs on such bear sanctuaries, and 
wild boar may be hunted only during the 
bow and arrow seasons, the muzzle- 
loading deer season and the regular gun 
season on male deer on bear sanctuaries 
located in and west of the counties of 
Madison, Buncombe, Henderson and 
Polk; 



(C) On game lands open to deer hunting 
located in or west of the counties of 
Rockingham. Guilford. Randolph, 
Montgomery and Anson, the following 
rules apply to the use of dogs dunng the 
regular season for hunting deer with guns: 
(i) Lxcept for the counties of Cherokee, 

Clay, Jackson, Macon, Madison, Polk, 
and Swain, game birds may be hunted 
with dogs. 
In) In the counties of Cherokee, Clay, 
Jackson, Macon, Madison, Polk, and 
Swain, small game in season may be 
hunted with dogs on all game lands ex- 
cept on bear sanctuaries. 

(D) On Croatan, Goose Creek, New Hope 
and Shearon Harris Game Lands 
waterfowl may be taken only on Mon- 
days, Wednesdays, Saturdays; on 
Thanksgiving, Christmas and New Year's 
Days; and on the opening and closing 
days of the applicable waterfowl seasons; 
except that outside the posted waterfowl 
impoundments on Goose Creek Game 
I and hunting any waterfowl in season is 
permitted any week day during the last 10 
davs of the regular duck season as estab- 
lished by the U.S. Lish and Wildlife Ser- 
vice; On the Pamlico Point. Campbell 
Creek, and Spring Creek impoundments 
a special permit is required for hunting on 
those opening and closing days of the 
waterfowl season as well as on those Sat- 
urdays that fall after November 1 of the 
season and on Thanksgiving and New 
Year's day; 

(L) On the posted waterfowl 

impoundments of Gull Rock Game I and 
hunting of any species of wildlife is limited 
to Mondays. Wednesdays. Saturdays; 
I hanksgiving. Christmas, and New Year's 
Days; and the opening and closing days 
of the applicable waterfowl seasons; 

(F) On bear sanctuaries in and west of 
Madison, Buncombe, Henderson and 
Polk Counties dogs may not be trained 
or allowed to run unleashed between 
March 1 and October 1 1; 

(G) On Butner-Lalls of Neuse and Person 
Game Lands waterfowl may be taken only 
on Tuesdays, Thursdays and Saturdays, 
Christmas and New Year's Days, and on 
the opening and closing days of the ap- 
plicable waterfowl seasons: 

(II) On Angola Bay, Croatan, Goose 
Creek, and Hofmann Forest ««4 
I U '- Ciirora Game 1 <uuL deer of either sex 
mav be taken from the first Wedncsdav 



1342 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



after Thanksgiving through the following 
Saturday; 

(I) Horseback riding is allowed on the 
Caswell and Thurmond Chatham game 
lands only during June, July, and August 
and on Sundays during the remainder of 
the year except during open turkey and 
deer seasons. Horseback riding is allowed 
only on roads opened to vehicular traffic. 
Participants must obtain a game lands li- 
cense prior to engaging in such activity; 

(J) On the posted waterfowl impoundments 
on the New Hope and Butner-Falls of 
Neuse game lands a special permit is re- 
quired for all waterfowl hunting. 

(K) Additional restrictions or modifications 
apply as indicated in parentheses follow- 
ing specific designations: 

Alexander and Caldwell Counties-- Brushy 
Mountains Game Lands 

Anson County— Anson Game I and 

Ashe County-- Bluff Mountain (lame I and ;; 
I Ik Ridge Game I ands 

Ashe County— Cherokee Game Lands 

Ashe and Watauga Counties—Elk Knob 
Game Land 

Avery, Buncombe, Burke, Caldwell, 
Haywood, Henderson, Jackson, Madison, 
McDowell, Mitchell. Transylvania, 
Watauga and Yancey Counties-- Pisgah 
Game Lands (Harmon Den and 
Sherwood Bear Sanctuaries in Haywood 
County are closed to hunting raccoon, 
opossum and wildcat. Training raccoon 
and opossum dogs is prohibited from 
March 1 to October 1 1 in that part of 
Madison County north of the French 
Broad River, south of LS 25-70 and west 
ofSR 1319.) 

Bertie and Washington Counties-- Bachelor 
Bay Game I ands 

Beaufort and PamLico Countics--Goose 
Creek Game Land 

Brunswick County--Green Swamp Game 
Land 

Burke County and Cleveland 

Counties--South Mountains Game Lands 

Caldwell, Watauga and Wilkes Counties— 
Vadkin Game Land 

Carteret, Craven and Jones Counties— 
Croatan Game Lands 

Chatham County-Chatham Game Land 

Chatham, Durham. Orange, and Wake 
Counties—New Hope Game Lands (On 
areas posted as "archery zones" hunting 
is limited to bow and arrow. 1 [orseback 
riding, including all equine species, is 
prohibited. ) 



Chatham and Wake Counties—Shearon 

Harris Game Land 
Cherokee, Clay, Graham, Jackson, Macon, 
Swain and Transylvania Counties-- 
Nantahala Game Lands. Raccoon and 
opossum may be hunted only from sunset 
Friday until sunrise on Saturday and from 
sunset until 12:00 midnight on Saturday 
on Fires Creek Bear Sanctuary in Clay 
County and in that part of Cherokee 
County north of L'S 64 and NC 294, east 
of Persimmon Creek and Hiwassce lake, 
south of Hiwassce L.akc and west of 
Nottely River; in the same part of 
Cherokee County dog training is prohib- 
ited from March 1 to October 11. J4 is 
unlawful to train dogs ef allow dogs to 
FWft unleash e d b» Fires Crook Boar Sunc 
tuary a* a«y time, e xcept tottt- dog ;, may 
be used when hunting raccoon w 
opossum rt«4 fe* hunting grouse an4 
rabbits during toe open s e asons. It is 
unlawful to train dogs or allow dogs to 
run unleased on any game land in 
Graham County between March 1 and 
October 1 1 . 
Chowan County— Chowan Game l^and 
Cleveland County--Gardner-Webb Game 

Fand 
Craven County-- Neuse River Game Land 
Craven County — Tuscarora Game I and 
Currituck County-- North River Game Fand 
Currituck County— Northwest River Marsh 

Game Land 
Dare County—Dare Game Fand (No hunt- 
ing on posted parts of bombing range.) 
Davidson, Davie, Montgomery, Rowan and 

Stanly Counties— Alcoa Game Land 
Davidson County-- Fin wood Game I and 
Davidson, Montgomery and Randolph 

Counties— L'wharrie Game Land 
Duplin and Pender Counties-Angola Bay 

Game Land 
Durham, Granville and Wake Counties— 
Butner-Falls of Neuse Game L.and (On 
portions of the Butner-Falls of Neuse 
Game Fand designated and posted as 
"safety zones" and on that part marked 
as the Penny Bend Rabbit Research Area 
no hunting is permitted. On portions 
posted as "restricted zones" hunting is 
limited to bow and arrow during the bow 
and arrow season and the regular gun 
season for deer. Horseback riding, in- 
cluding all equine species, is prohibited. ) 
Franklin County— Franklin Game lands 
Gates County— Chowan Swamp Game 
I and 



6: IS NORTH CAROLINA REGISTER December 16, 1 99 1 



1343 



PROPOSED RULES 



Henderson. Polk and Rutherford Counties- 

-Grecn River Game Lands 
Hyde County— Gull Rock Game land 
Hyde County--Pungo River Game Land 
Hyde and Tyrrell Counties— New Lake 

Game Land 
Jones and Onslow Counties— Hofmann 

Forest Game Land 
1 ee County— Lee Game Land 
McDowell County-Hickory Nut Mountain 

Game Land 
McDowell and Rutherford Counties— 

Dysartsville Game Lands 
Moore County— Moore Game Land 
New Hanover County— Sutton lake Game 

Land 
Person County— Person Game I. and 
Transylvania County— Toxaway Game Land 
Vance County— Vance Game Land ( The use 

of dogs, centcrfire rifles and handguns for 

hunting deer is prohibited on the Nutbush 

Peninsula tract ot Vance Game I ands) 
Wilkes County--! hurmond Chatham Game 

I and 
(4) Deer of either sex may be taken on the 

hunt dates indicated by holders of permits 

to participate in managed hunts scheduled 

and conducted in accordance with this 

Subparagraph on the game lands or 

portions of game lands included in the 

following schedule: 
Friday and Saturday of the first week after 

Thanksgiving Week: 

Uwharrie and Alcoa southeast of NC 49 
Third Saturday after Thanksgiving Day: 

Carson Woods 

Thurmond Chatham 
Thursday and Friday of the week before 

Thanksgiving Week: 

Sandhills east of US 1 

Sandhills west of L'S 1 
Fourth Saturday after Thanksgiving Day: 

Dysartsville in McDowell County 

Hickorynut Mountain in McDowell 
Counts 

Pisgah in Avery County 

Pisgah in Burke County 

Pisgah in Caldwell County 

Pisgah in McDowell County 

Pisgah in Yancey County- 
South Mountains 

Thurmond Chatham 
Application forms for permits to participate 
in managed deer hunts on game lands, to- 
gether with pertinent information and in- 
structions, may be obtained from hunting 
and fishing license agents and from the 
Wildlife Resources Commission. Com- 



pleted applications must be received by the 
Commission not later than the first day of 
October next preceding the dates of hunt. 
Permits are issued by random computer se- 
lection, are mailed to the permittees 30 days 
prior to the hunt, and are nontransferable. 
Fach permit is accompanied by an appro- 
priate big game tag. A hunter making a kill 
must tag the deer and report the kill to a 
wildlife cooperator agent. 
(5) The following game lands and Federal 
Wildlife Refuge are closed to all hunting 
except to those individuals who have ob- 
tained a valid and current permit from the 
Wildlife Resources Commission: Bertie, 
Halifax and Martin Counties— Roanoke 
River Wetlands; 
Bertie County-- Roanoke River National 

Wildlife Refuge. 
Caswell County—Caswell Game I and (That 
portion designated and posted as a "Safety 
Zone") 
Dare County— Dare Game Lands (Those 
parts of bombing range posted against 
hunting) 
Davie-- Hunting Creek Swamp Waterfowl 

Refuge 
Gaston. Fincoln and Mecklenburg 
Counties— Cowan's Ford Waterfowl Ref- 
uge (except for youth cither-sex deer 
hunts by permit only on the first and sec- 
ond Saturdays in October). 

Stan/ton- Authority G.S. 113-134; 113-264: 
113-291.2; 113-291.5; 1/3-305. 

.0004 FISHING ON GAME LANDS 

(a) Generally. Fxcept as otherwise indicated 
herein, fishing on game lands which are open to 
fishing shall be in accordance with the statewide 
regulations. All game lands are open to public 
fishing except restocked ponds on the New Flope 
Game land when posted against fishing. Hunt- 
ing Creek Swamp Waterfowl Refuge, Grogan 
Creek in Transylvania County, and in the case 
of private ponds where fishing may be prohibited 
by the owners thereof. No trotline or set-hook 
or any net. trap. gig. bow and arrow or other 
special fishing device of a type mentioned in 15A 
NCAC IOC .0403 may be used in any of the 
impounded waters located on the Sandhills 
Game Land. The game lands license is fte+ re- 
quired to fish on t4*^ central asd eastern gam e 
land o whore the - re - ate ho designated public 
mountain trout waters on game lands. 

(b) Designated Public Mountain Trout Waters 
(1) Fishing Hours. It is unlawful to fish in 

designated public mountain trout waters 



1344 



6: IS \ORTH CAROLI.XA REGISTER December 16, 1991 



PROPOSED RULES 



on any game land from one-half hour af- 
ter sunset to one-half hour before sunrise, 
except that night fishing is permitted in 
the game lands sections of the Nantahala 
River located downstream from the Swain 
County line. 

(2) Location. All waters located on the game 
lands listed in this Subparagraph, except 
Cherokee Lake, Grogan Creek, and Big 
Laurel Creek downstream from the LS 
25-70 bridge to the French Broad River. 
Pigeon River downstream of Waterville 
Reservoir to Tennessee line, and 
Nolichucky River are designated public 
mountain trout waters: 

Bluff Mountain Game Land, Ashe County 
Green River Game I and m t+» Counties el 

I lundupion a»d Polk 
Nantahala National Lorest Game 1 ands in 

the Counties of Cherokee, Clay, Graham, 

Jackson, Macon. Swain and Transylvania 
Pisgah National Forest Game Lands in the 

Counties of Avery, Buncombe, Burke, 

Caldwell, Haywood, Henderson, 

Madison, McDowell, Mitchell, 

Transylvania and Yancey 
South Mountains Game Land in Burke 

County 
Thurmond Chatham Game Land in Wilkes 

County 
Toxaway Game Land in Transylvania 

County 

(3) All designated public mountain trout wa- 
ters located on game lands in and east of 
Yancey, McDowell and Rutherford 
Counties are wild trout waters unless 
classified otherwise. [See 15A NCAC IOC 
.0205(a)(1)]. In and west of Madison, 
Buncombe. Henderson, and Polk all des- 
ignated public mountain trout waters are 
hatchery supported waters unless classified 
otherwise. (See 15A NCAC IOC 
.0205(a)(2)]. 



1 he public heatings will be conducted at 7:00 
p.m. on the following dates and locations: 

January 27, 1992 

District 9 

Courthouse 

Marshall. SC 

January 28. 1992 



District 8 

Morganton Civic Center Auditorium 

Morganton, SC 

January 29. 1092 

District 7 

High School 

Elkin, SC 

February 3. 1092 

District 6 

North Stanley High School 

Albemarle. AC 

February 4. 1092 

District 5 

Courthouse 

Graham, SC 

February 5. 1092 



District 4 

Courthouse 
Elizabelhtown, SC 

February 10. 1992 

District I 

Swain Auditorium 

Edenton. SC 

February 11, 1992 

District 2 

Courthouse 

Sew Bern. A C 



Statutory Authority G.S. 
1 13-272: 1 13-292: 113-305. 



1/3-134: 1/3-264: 



****************** 



February 12. 1992 

District 3 

Courthouse 

Nashville. SC 



/V otice is hereby given in accordance with G.S. 
150B-2/.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as ISA SCAC 1 0B .0105. .0203. .0209; 10C 
.0205. .0402: I0D .0003 - .0004; I0E .0004. 

1 he proposed effective date of this action is July 
I. 1992. 



JXeason for Proposed Action: 15 A SCAC 10B 
.0105 - To assist with the collection of Canada 
goose harvest data. ISA SCAC 1 0B .0203 - To 
regulate the deer harvest in accordance with the 
deer population. 15A SCAC I OB .0209 - To 
regulate the harvest of wild turkey in accordance 
with the wild turkey population. ISA NCAC IOC 
.0205 - To appropriately designate public moun- 



6:IS NORTH CAROLINA RE(,ISTER December 16, 1991 



1345 



PROPOSED RULES 



tain trout waters. ISA XCAC IOC .0402 - To 
restrict the taking of bail fish for personal use. 
15A XCAC /OD .0003 - To regulate the harvest 
of deer on game lands in accordance with the deer 
populations. ISA XCAC WD .0004 - To appro- 
priately designate trout waters. ISA XCAC JOE 
.0004 - To reduce the incidence of those activities 
which may inhibit fishing. 



Cc 



ommenl Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from De- 
cember 16. 1 99 1 to February 12. 1992. Such 
written comments must be delivered or mailed to 
the X.C. Wildlife Resources Commission, SI 2 X. 
Salisbury Street. Raleigh. NC 27604-1 188. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER I0B - HUNTING AND 
TRAPPING 

SEC! ION .0100 - GENERAL REGULATIONS 

.0105 MIGRATORY GAME BIRDS 

(a) Cooperative State Rules 

(1) The taking of sea ducks (scoter, eider and 
old squaw) during any special federally- 
announced season for these species shall 
be limited to the waters of the Atlantic 
Ocean, and to those coastal waters south 
of US 64 which are separated by a dis- 
tance of at least 800 yards of open water 
from any shore, island or marsh. 

(2) The extra daily bag and possession limits 
allowed by the federal regulations on 
scaup apply in all coastal waters east of 
U.S. Highway 17. except Currituck Sound 
north of US 158. 

(3) Tundra swans may be taken during the 
open season by permit only subject to 
limitations imposed by the U . S. Fish and 
Wildlife Service. A limited number of 
nontransferable swan permits will be is- 
sued by the Wildlife Resources Commis- 
sion to applicants who will be selected at 
random by computer, and only one swan 
may be taken under each permit which 
must be cancelled at the time of the kill 
by cutting out the month and day of the 
kill. Accompanying the permit is a metal 
tag which must be affixed at the base of 
the right wing of the swan at the time and 
place of the kill. In addition, a pread- 
dressed post-paid card is supplied to each 
permittee on which to report the number 
of days hunted and the details of the kill 



(4) 



'Jh 



if made. It is unlawful to hunt swans 
without having the permit and the tag in 
possession or to possess a swan without 
the cancelled permit in possession and the 
tag properly affixed to the swan. It is 
unlawful to possess a swan permit or tag 
while hunting that was assigned to an- 
other person or to alter the permit or tag 
in any way other than cutting out the 
proper month and day of kill 
Canada geese may be taken west of 1-95 
during the open season by permit holders 
only subject to limitations imposed by the 
U.S. Fish and Wildlife Service. Permits 
will be issued by the North Carolina 
Wildlife Resources Commission. It is 
unlawful to hunt or possess Canada geese 
west of 1-95 without having the permit in 
possession. It is unlawful to possess a 
Canada goose permit while hunting that 
was assigned to another person or to alter 
the permit in any way. 
Canada geese east of 1-95 may he taken 
during the open season bv permit only 
subject to limitations imposed bv the U.S. 
Fish and Wildlife Service. A limited 
number of nontransferable goose permits 
will be issued bv the Wildlife Resources 
Commission to applicants who will he 
selected at random b\ computer. Ac- 
companying the permit will be a tag or 
tags which must be affixed to the goose 
at the time and place of the kill. These 
tags must be cancelled at the time of the 
kill h\ cutting out the month and day of 
the kill and attached in accordance with 
instructions provided with the permit. It 
is unlawful to hunt geese east of I- L )5 
without having the permit and tag in 
possession or to possess a goose without 
the cancelled tag properly affixed to the 
goose h is unlawful to possess a goose 
permit or tag while hunting that was as- 



signed to another person or to alter the 
permit or tag in am way other than cut- 
ting out the proper month and day of kill. 
(b) Notwithstanding the provisions of G.S. 
113-291. 1(a) and (b), the following restrictions 
apply to the taking of migratory game birds: 

(1) No migratory game bird may be taken: 

(A) With a rifle; 

(B) With a shotgun of any description ca- 
pable of holding more than three shells, 
unless it is plugged with a one-piece filler, 
incapable of removal w ithout disassembl- 
ing the gun, so as to limit its total capacity 
to not more than three shells. 

(2) No migratory game bird may be taken: 



1346 



6:1S NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(A) From or by the use of a sinkbox or any 
other type of low floating device affording 
the hunter a means of concealment be- 
neath the surface of the water; 

(B) With the aid of bait, or on. over or 
within 300 yards of any place where any 
grain, salt or other feed is exposed so as 
to constitute an attraction to migratory 
game birds or has been so exposed during 
any of the 10 consecutive days preceding 
the taking, except that this Fart shall not 
apply to standing crops, flooded 
croplands, grain crops properly shocked 
on the field where grown, or grains found 
scattered solely as the result of normal 
agricultural planting or harvesting; 

(C) With the aid of live decoys, or on. over 
or within 300 yards of any place where 
tame or captive migratory game birds are 
present, unless such birds are and have 



(3) 



been for a period of 10 consecutive days 
prior to such taking confined within an 
enclosure which substantially reduces the 
audibility of their calls and totally con- 
ceals them from the sight of wild migra- 
tory game birds. 

Waterfowl hunting and harassment and 
other unauthorized activities shall be pro- 
hibited on posted waterfowl management 
areas established by the Wildlife Re- 
sources Commission for Canada Geese 
and ducks restoration. 

In that area of Roanoke Sound adjacent 
to and immediately Northeast of Roanoke 
Island as marked by buoys designating the 
waterfowl rest area, it shall be unlawful to 
harass or take any waterfowl. 



Authority G.S. 113-134: 113-274; 113-291.1; 50 
C.F.R. 20.21; 50 C.F.R. 20.105. 



(4) 



SECTION .0200 - HUNTING 

.0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of counties not listed under the open seasons in Paragraph 
(b) in this Rule are closed to deer hunting. 

(b) Open Seasons (/Ml Lawful Weapons) 

( 1) Male Deer With Visible Antlers. Male deer with antlers or spikes protruding through the skin, 
as distinguished from knobs or buttons covered by skin or velvet, may be taken during the fol- 
lowing seasons: 
(A) Monday on or nearest October 15 to January 1 in the following counties and parts of coun- 
ties: 



Beaufort 


Dare 


Martin 


Robeson 


Bertie 


Duplin 


Nash 


Sampson 


Bladen 


Edgecombe 


New Hanover 


Scotland** 


Brunswick 


Gates 


Northampton 


Tyrrell 


Camden 


Greene 


Onslow 


Vance 


Carteret 


Halifax 


Pamlico 


Warren 


Chowan 


Hertford 


Pasquotank 


Washington 


Columbus* 


Hoke 


Fender 


Wayne 


Craven 


Hyde 


Perquimans 


Wilson 


Cumberland 


Jones 


Pitt 




Currituck 


I enoir 

rt . null, nf \f T.I 


Richmond** 





Harnett: That part west of \C 87. 

Johnston: All of the county except that part south of US 70 and west of 1-95. 
Moore**: All of the county except that part north of NC 21 1 and west of US 1. 
Sampson: All t4 t+tt* county except tkttt- p*n4 vrt^t- ef -N4^ 343 »«4 north &£ F4» 44* 
Wake: That part north of 1-40. 

* Unlawful to hunt or kill deer in Fake Waccamaw or within 50 yards of its shoreline. 
**See 15A NCAC 10D .0003(d)(2) for seasons on Sandhills Game Fand. 
(43-) Monday t4 1 hanksgiving wl ' l ' Ic k* i . L'cond Saturday a ft or Thanksgiving FW m (4w follovrini : 
countiL ' ii a«4 parts ©I counti e s: 



Al e xander 



Duvii> 



1+ 



Wutaima 



6:18 NORTH CAROLINA REGISTER December 16, 1 99 1 



1347 



PROPOSED RILES 



Allc - ghanv 
Gatawba 



Forsyth 
Cia 'i ton 
Davie 



1 incoln 
Stokes 

Sum 



Wilkoo 
Yadkin 



Mecklonhurg: Thai pr+rt- north »f J— S 74 except Cowan 5 F-e+4 Waterfowl Rofug e . 
(B) fC^ Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following 
counties and parts of counties: 



Alexander 


Clay 


Jackson 


Surrv 


Alleghany 


Cleveland 


I incoln 


Swam 


Ashe 


Davie 


Macon 


Transylvania 


Avery 


l orsyth 


Madison 


Watauga 


Buncombe 


Gaston 


McDowell 


Wilkes 


Burke 


Graham 


Mitchell 


Yadkin 


Caldwell 


Havwood 


Polk 


Yancey 


Catawba 


I Ienderson 


Rutherford 




Cherokee 


Iredell 


Stokes 





(C) (4-H Monday before Thanksgiving week to January l in the following counties and parts of 
counties: 



Alamance 

Anson 

Cabarrus 

Caswell 

Chatham 



Davidson 

Durham 

Granville 

Guilford 

Lee 



Mecklenburg 

Montgomery 

Orange 

Person 

Randolph 



Rockingham 
Rowan 
Stanly 
Union 



Cumberland: That part north of NC 24. 
Harnett: That part east of NC 87. 
Johnston: That part south of L"S 70 and west of I-95. 
Moore: That part north of NC 21 1 and west of US 1. 
Sampson: That part west of NC 242 and north of US 13. 
Wake: That part south of 1-4(1. 
(2) Deer of Either Sex. Deer of either sex may be taken during the open seasons and in the counties 
and portions of counties listed in this Subparagraph: 

(A) The open either-sex deer hunting dates established by the U.S. Fish and Wildlife Service 
during the period from the first Saturday in October to January 1 in those parts of Hyde and 
Washington Counties known as the Pungo National Wildlife Refuge, in those parts of Camden, 
Gates and Pasquotank Counties known as the Dismal Swamp National Wildlife Refuge, and in 
that part of Currituck County known as the Mackay Island National Wildlife Refuge. 

(B) The open either-sex deer hunting dates established by the appropriate military commands 
during the period from Monday on or nearest October 15 to January 1 in that part of Brunswick 
County known as the Sunny Point Military Ocean Terminal, in that part of Craven County 
known and marked as Cherry Point Marine Base, in that part of Onslow County known and 
marked as the Camp Lejeune Marine Base, on Fort Bragg Military Reservation, and on Camp 
Mackall Military Reservation. 

(C) The open either-sex deer hunting dates established by the U.S. Fish and Wildlife Service 
during the period from the Monday on or nearest October 15 to January 1 in those parts of 
Anson and Richmond Counties known as the Pee Dee National Wildlife Refuge. 

I D) Third Saturday in October for youth either sex deer hunting by permit only on a designated 

portion of Belews Creek Steam Station in Stokes County. 
(E) The second Saturday in December in all of Buncombe. Cleveland. Catawba. Haywood, 

Henderson, I incoln. Madison. Mitchell. Polk. Paithi ' iford and Transylvania and Yancey 

Counties and the following parts of counties: 

A verv : That part south of the Blue Ridge Parkwav. 

Cumberland: That part south of SR 1709, west of SR 1S02. west of US 301 and east of the 
Cape Fear River. 

Davidson: 1 hat part north of I-'-o. except game lands. 



134S 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(4-4 Wednesday of the week following Thanksgiving m- ail of Catawba, Clev e land. Forsyth, 
Mitchell, a«4 Rutherford Counties; ami m the following parts of Counties: 
Alleghany: All o! the county e xc e pt game lands. 
Ashe: All of the county except game lands. 

Av e ry: That part south of- the Blue Ridge Parkway, except game lands. 
Burke: Ah o! the county except game lands. 
Caldwell: Ah of the county except game lands. 
Cumberland: 44wt part sewth of S-R- hW4 wert of S43- 44447 west e# fe& 304- a«4 east ©f the 

Cape bear River- 
Davidson: That part north of- I is 5, except game lands. 
McDowell: Ah of the county except game lands. 
Mecklenburg: That part west of I 77, south of -NG 73? east of the Catawba River. a«4 north 

of 4Ar 44 ami Ivh 2001 except Iof tfte Cowan's ford Waterfowl Refuge. 
Rowan: That part west of 4-4 S3; except game lands. 
Washington: That part eart of rV4^ 44 a«4 south of 4r-S- 64r 
(I : ) (£4 Wednesday i&ni 'l'luiir . day Friday and Saturday of the week following Thanksgiving in 
all of Dare Iredell a«4 Surry ' Count i es County and in the following pails of counties: 
Alexander: A44 of the county except game lands . . 
Cabarrus: That part west of US 52 and south of a line formed by NC 49 from the Mecklenburg 

County line to Mount Pleasant and east of SR 1006 from Mount Pleasant to the Rowan 

County line. 
Basic: Ah of the county except gam e lands. 
Moore: That part north of -44^ 444 except game lands. 
Davidson: That part north of 1-85. except game lands. 
Mecklenburg: That part north of IS 74. 
Rowan: That part west of US 52_, except game lands. 
Scotland: That part north of US 74, except game lands. 
Stokes: A44 of the county except game lands. 
Tyrrell: That part south of 4-4 6-4 
Wilkes: Ah of the county except game lands. 
Union: That part south of US 74 and NC 75. 
(G) f444 Wednesday to Saturday of the week following Thanksgiving in all of Alamance Camden, 
Caswell. Chatham. Durham, Granville Cumberland. Greene, I ee, Orange Pasquotank, Person, 
Rockinaham, Wake, and Wilson Counties and in the following parts of counties: 
Columbus: 44**t part wert of a has formed hy- 4^4 Ur S4-1 44444t ami 444 4444. 
Cumberland: That part ea-4 of 4-45 amf south of 4rG -34r 
Currituck: That part north and west of the Intracoastal Waterway. 
Franklin: That part west of U4v fr 

Guilford: That part north of a boundary formed hy 4—44 ami I S5. 
Johnston: That part north of US 70 ami or west of 1-95. 
Moore: That part south of 44^ 211. All of the counts except on game lands. 
Nash: That part south of US 64. 

Perquimans: That part south of IS 17 and east of Perquimans River. 
Randolph: That part south of 4-4 £4 ami west of 4-& 239; exc e pt o«- game lands. 
Richmond: That part east of a line formed by US 220 from the Montgomery County line to 

Rockingham and L S 1 from Rockingham to the South Carolina line, except on game lands. 
Robeson: That part ea-4 of 1 ^5. 
Stanly: That part west of US 52. 
Tvrrell: That part south of US 64. 



Washington: That part east of NC 32 and south of US 64 
Wayne: That part north of US 70. 
(II) f44 Wednesday of the week following Thanksgiving to Saturday of next succeeding week in all 
of Alamance. Caswell. Chatham. Put ham. I ranklin. Granville. Guilford, I ee. Orange. Person. 
Randolph. Rockingham, and Hyde, Vance ami Warren Counties and in the following parts of 
counties: following parts of counties: 
Anson: All of the county except game lands. 
Cabarrus: That part east of US 52. 
Carteret: All of the county except game lands. 



6: 18 NORTH CAROLINA REGISTER December 16, 1991 1349 



PROPOSED RULES 



Chowan: That part north of US 17. 

Columbus: That part west of US 74. SR 1065. anJ SR 1 125. 

Currituck: That part south and east oi the Intracoasta] Waterway, except the Outer Banks. 

Davidson: That part south of 1-85, except on game lands. 

Edgecombe: That part south of US 64. 

Eranklin: That part ***** (4 L4> -It 

Johnston: That part south of US 70 and east of 1-95. 

Lenoir: That part west of NC 1 1. 

Montgomery: All of the county except on game lands. 

Nash: That part north of US 64. 

Richmond: That part west of a line formed by US 220 from the Montgomery County line to 
Rockingham and US 1 from Rockingham to the South Carolina line. 

Robeson: That part east of j-95. 

Rowan: That part east of US 52, except on game lands. 

Stanly: That part east of US 52, except game lands. 

Washington: That part west of NC 32 and south of US 64. 

Wayne: That part south of US 70. 
(I) (J) Monday of Thanksgiving week to the third Saturday after Thanksgiving Day in that part 

of Buncombe County east of NC 191, south of the Trench Broad and Swannanoa Rivers, west 

of US 25. and north of SR 3503, NC 280 and SR 3501. 
(.1 ) (4>H- Wednesday of the week following Thanksgiving to January 1 in all of Brunswick. Hertford, 

Gates, Northampton. *m4 Pitt, and Warren Counties, and in the following parts of counties: 

Beaufort: All of the county except game lands. 

Bertie: All of the county except Roanoke River Wetlands and Roanoke River National Wildlife 
Refuge. 

Bladen: All of the county except game lands. 

Chowan: That part south of US 1 7. 

Columbus: That part east of a line formed by US 74. SR 1005, and SR 1 125. 

Craven: All of the county except game lands. 

Duplin: All of the county except game lands. 

Edgecombe: That part north of US 64. 

Halifax: All of the county except Roanoke River Wetlands. 

llxde: All of the county except game lands. 

Jones: All of the county except game lands. 

Lenoir: That part east of NC 1 1. 

Martin: All of the county except Roanoke River Wetlands. 

New Hanover: That part north of US 74. 

Onslow: All of the count)' except game lands. 

Pamlico: All of the county except game lands. 

Pender: .All of the county except game lands. 

Perquimans: All of the county except that part that lies both south of US 17 and east of the 
Perquimans River. 

Sampson: That part south of NC 24. 
( K) The second Wednesday after Thanksgiving to the third Saturday after Thanksgiving in all of 

.Alexander. Davie. Iredell. Stokes. Sum . and Wilkes Counties. 



(L) The third Friday after Thanksgiving to the third Saturday after Thanksgiving in all of 
Alleuhanv, Ashe. Burke. Caldwell. Cleveland, 1 orsvth, McDowell. Rutherford, Watauga, and 
Yadkin Counties. 



(3) Game lands Either-Sex Hunts. On the hunt dates indicated, deer of either sex may be taken 

by permittees engaged in managed hunts conducted on game lands in accordance with 15A 

NCAC HID .0003(d)(4) (5). 
(c) Open Seasons (Bow and Arrow) 
( 1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the 

bag limits set out in Paragraph (e) of this Rule, deer of either sex may be taken with bow and 

arrow during the following seasons: 
(A) Monday on or nearest September 10 to the fourth Saturday thereafter in the counties and 

parts of counties having the open season for male deer specified by Part (A) of Subparagraph 

(b)(1) of this Rule, except on the Sandhills Game Land. 



1350 6:18 SORTH CAROLISA REGISTER December 16, 1991 



PROPOSED RULES 



(-B-> Monday ew ef nearest Sop lorn her 44 te the seeeftd Sat ur Jay before 1 'hunksgiving i» At* 
counties *h4 parts ef counties having the open seaseas fof mule deef specified by Part (R) ef 
Subparagraph (h)( 1) ef fh+s Rulo. 

(B) (-G+ Monday on or nearest September 10 to the fourth Saturday thereafter, a»d Monday en- 
ef aeagest October 44 te the Saturday befor e Thanksgiving second Saturday before Thanksgying 
in the counties and parts of counties having the open seasons for male deer specified by Part ft-)- 
(B) of Subparagraph (b)(1) of this Rule. 

(C) (-D} Monday on or nearest September 10 to the third Saturday before Thanksgiving in the 
counties and parts of counties having the open season for male deer specified by Part (4^4 (C) 
of Subparagraph (b)(1) of this Rule, and on Sandhills Game Land. 

(2) Restrictions 

(A) Dogs may not be used for hunting deer during the bow and arrow season. 

(B) It is unlawful to carry any type of firearm while hunting with a bow during the bow and arrow 
deer hunting season. 

(C) Only bows and arrows of the types authorized in 15A NCAC 10B .01 16 for taking deer may 
be used during the bow and arrow deer hunting season. 

(d) Open Seasons (Muzzle- Lbading Rifles and Shotguns) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer 
may be taken only with muzzle-loading firearms or bow and arrow oi the type authorized in 1 5A 
NCAC? 10B .0116 during the following seasons: 

(A) Monday on or nearest October 8 to the following Saturday in the counties and parts of 
counties having the open seasons for male deer specified by Items (A) a«4 fG} of Subparagraph 
(b)(1) of this Rule, except on Sandhills Game I. and. 

(B) Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of 
counties having the open seasons for male deer specified by Item (B) of Subparagraph (b)(1) 
of this Rule. 

(C) Monday to Saturday of the second week before Thanksgiving week in the counties and parts 
of counties having the open season for male deer specified by Part (-D-> (C) of Subparagraph 
(b)(1) of this Rule, and on Sandhills Game I. and. 

(2) Restrictions 

(A4 Only male deef with viable ant lei ■■ may be taken during the miiiwle loading firearm ', seasea 
e xc e pt that: 

(+4 G«- the k+st 4*y- el the established muz/lo loading firearms seasefl » maximum et t-we 
antlerless deef may be substituted fef *** e qual number t-4 antlered deer when taken h* that 
part el a«y county listed t+t- thfs- Subparagraph that ha* aft established gftft either sex deef 
season. 

Alexander Catawba McDowell 

All e ghany Cleveland Mitchell 

A she Davie Rutherford 

Avery fop . sth Stokes 

Burke Iredell Surry 

Caldwell Mecklenburg Wilk e s 

(it) 1ft those areas wtth aft established g+m e ither s e x deef seasefl m counties »f parts el counties 
listed ift Paragraph (b)( 1 )( A) ef (4-H ef th+s Rule a maximum ef Hve antlerless deef may be 
substituted tef ae equal number el antlered deer aftd e«e additional antlerl e ss deef fs- p e rmitt e d 
without substitution 

(A) Deer ot cither sex mav be taken during muzzle-loading fircanns season in those counties or 
parts of counties listed in Parts ( A ) and (C) of Subpara graph (b)( 1 1 of this Rule and deer o[ ei- 
ther sex may be taken on that last day of muzzle-loading firearms season m those counties or 
parts ot counties listed hi Part ( B) ot Subparagraph (bl( 1 I of this Rule. 

(B) Dogs may not be used for hunting deer during the muzzle-loading firearms seasons. 

(C) Pistols may not be carried while hunting deer during the muzzle-loading firearms seasons. 
(e) Bag Limits 

( 1 ) Male Deer With Visible Antlers. Daily, two: possession, four: five: season, four. five. 

(2) Antlerless Deer. Where antlerless deer may be lawfully taken, a maximum ©f two antlerless deer 
may be substituted for an equal number of antlered deer in the limits contained in Subparagraph 
( 1 ) of this Paragraph. Antlerless deer include males with knobs or buttons covered by skin or 
velvet as distinguished from spikes protruding through the skin. 



6.1S NORTH CAROLINA REGISTER December 16, 1991 1351 



PROPOSED RULES 



h^4 to those ar e as svhh a» established ewe. either •■ l ' X deef seasea to counti e s a&4 parts ef countic: . 
listed m- Paragaph (bi( 1 n A) 8+ (44+ el tht* Rule, ewe additional aatleriess deef is permittee ! 
v , uluuit substitution w hen taken during a h*» uithor sex. how tm4 arross ef Hwa4e loading 
foeafflfts seaseft b* these settaties er part ', el counti e s k-4e4 m Paragraph ih i (2 i (k), this e«e 
additional aatleriess tkw mas- be tak-ea during awv part ef the ««* dee* seasea e xc e pt en- s«w 
land" v , here tbts 4eef cannot be takes during t«+y part el a g*m seasea Ret open te e ither se* 
daef hunting. When takea during the regular g*» ; . ea ;. on tbts additional cintlijrlij; -- -i dee? mu^t be 
tagged v i ith the aatlertess efay dee* tag? 
(f) Kill Reports. The carcass of each deer shall be tagged and the kill reported as provided by 15A 
NCAC 1'iB 11113. 



Statutory Authority G.S. 113-134: 113-270.3; 113-276.1; 113-291.1; 113-291.2. 



.0209 WILD Tl RKEY (BEARDED II RKEYS 
ONLY) 

(a) Open Season: 
( 1 ) Second Saturday in April to Saturday of 

the fourth week thereafter on bearded 

turkeys in the following counties: 

Alleghany, Ashe. Buncomb e . Casssell. 

Cherokee. Clay. Durham. Graham. 

Granville. Haywood, Henderson. 1 Is de. 

Macon. McDow e ll. Mitchell. Orange. 

Person. Polk, Rockingham. Scotland. 

Swain. Transylvania, and in the following 

portions of counties: 
Alamance: All ei the county except that 

part south ef h-&^ *b4 *t-4 el 444 434 
An-on: That part eart ef 4-4 4? *e4 north 

,44-4 34- 
Bcrtie: 1 hat part west el a fee lonn e d by 

34- 44 from the 1 lerttord Count' , fete to 

Colerain. 44; 44 to Powellssille. 44; 44 te 

t& 4? South. 4-4 43 44tob to 444 44U4- 

vR- 44«a to -X4^ 4UV att4 X43 4tt£ ^ the 

Washington Count; , line. 
Blad e n That part ■■ outh ef 443 344 ?m4 eart 

el a fee lonned bs- X44 444-4 4^ 444 444 



'■lUr 



fhat part north et 4-4 7 I "6. 



Brunsss ick 

Buncombe All of the county except that 

part north and east of a boundary formed 

bv CS 19 23, 1-241 1. and MO. 
Burke: 1 hat part north o( [-40. 
Caldwell: ?hat part west el fcS 4^4r 
Cartel et: 1 hat part west el 4-4 341 aa4 north 

ef ^€24. 

Chatham: That part north el 4-4 Mr 
Chowan: That part ■■ outh el 4-4 43- 
Columhu '. : 1 hat part south el 4-4 34 im4 

tt C *• t f. ■ I . ^ V _' 'II'' [XTTtt ( I 1 H I 1 'ill I 1 ll*r i FT I ' I 

X4X3- 
Cniven. That part west el 4-x 344 <*&A south 
et 444 4444 a«4 that part north et" the 
Xettsa River, south et a bfte formed by 

4-4 43 rt&4 4-4 43 BusiiK em4 eart el a 

fee formed bv 444 444) ^^ 444 4444- 



l l alilax 444at part north ef X4 1 iiu4 aft4 ea-4 

t4 4-04r 
1 lok e : I hot part i. outh a»4 west ef -444 444r 
Jackson: That part south of US 74 except 

the portion bounded on the north by NC 

2S1. on the west by NC 107, and on the 

south by US 64. 
Johnston: I hat part south el 4-4 -4 a«4 

1 o< , ,-1 ,1 , .. , . t *±£ t '<■' "fll 

Madison: All of the county except that part 
east of SR 1434 and NC _ 212. north of SR 
13 IN US 23 and SR 1503. 

Martin: That part north el a boundary 
formed by 44* fo4 from the Washington 
County h«e to Williamston. north et 443 
444 from Williamston to the junction with 
X4- 4444 a*4 H^rth el X44 444 to the 
1 dgecombe Counts lin e . 

Montuomety: That part south el 444 2 1 2". 

Northampton: That part south el a 

boundary formed by 1-4 44& from the 
Halifax County bee to Jackson. 44- 4(44 
from Jackson to Rich Square. 444 444 
fa^ t4^4» Square to 4444 404, amt 4^ 444 
to t4*e Bertie Count; , baer 

( Inslo' . i , ; A44 el the county e xc e pt that part 
eart et a hfte fonned bs- 4-4 44 444 44-34 
rfH4 vR- 44444 

Fender: 444at part w4 el U-4 4344 

P e rquimans: That part south el 443 444 

Richmond: That part north el 4-4 34- 

Robeson: That part eart el l-^Ae *¥bi south 
el 4-4 34, 

McDowell: That part north of US "0 and 



Mitche 



that part south of 1-40. 

1 hat part north and v £st^ of a 

boundan fonned by_ NC PT^ NC 226, 

and NC 261. 
Ruthertord: I hat part w est of US 221. 
Surry: That part west ot I- -- . 
S' . sam: A44 el the counts' except that part 

.t+trth el 4-4 44i a«4 svert el 3V43 4V 
I ram . slsania: Ah el the county except that 

part ss^rt et 4-4 4344 »«4 south el 434 44 



1352 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(-ity Monday w* w nearest September W to the seeeftd Saturday befor e I hank^izis ing m t-he 
counties cm4 partn ©f counties having the upL ' n seaseas fef mule deef specified by P-art- f+H ef 
Subparagraph (b)( 1) e+ th» Rule. 

(B) fG} Monday on or nearest September 10 to the fourth Saturday thereafter, a»4 Monday em- 
©f nearest October +4 k* the Saturday before Thanksgiving second Saturday before Thanksgiving 
in the counties and parts of counties having the open seasons for male deer specified by I'art ft-f 
(B) of Subparagraph (b)( 1 ) of this Rule. 

(C) (4-H Monday on or nearest September 10 to the third Saturday before Thanksgiving in the 
counties and parts of counties having the open season for male deer specified by I'art fh)4 (C) 
of Subparagraph (b)(1) of this Rule, and on Sandhills Game Land. 

(2) Restrictions 

(A) Dogs may not be used for hunting deer during the bow and arrow season. 

(B) It is unlawful to carry any type of firearm while hunting with a bow during the bow and arrow 
deer hunting season. 

(C) Only bows and arrows of the types authorized in 15A NCAC 10B .01 16 for taking deer may 
be used during the bow and arrow deer hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and Shotguns) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer 
may be taken only with muzzle-loading firearms or bow and arrow of the type authorized in 1 5A 
NCAC 1 B .01 16 during the following seasons: 

(A) Monday on or nearest October 8 to the following Saturday in the counties and parts of 
counties having the open seasons for male deer specified by Items (A) and- fG} of Subparagraph 
(b)(1) of this Rule, except on Sandhills Game Land. 

(B) Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of 
counties having the open seasons for male deer specified by Item (B) of Subparagraph (b)(1) 
of this Rule. 

(C) Monday to Saturday of the second week before Thanksgiving week in the counties and parts 
of counties having the open season for male deer specified by Part fD-)- (C) of Subparagraph 
(b)(1) of this Rule, and on Sandhills Game I and. 

(2) Restrictions 

fA4 Only mule deef whh vi -. ihl e antl e r -; may- be tak e n during the rftteale loading firearms season 
except that: 

(M (4» the last- day of the established nui/vle loading fire - arm ', season a maximum el two 
antlerless deef may be substitut e d tof ao equal number of antlered dee? Wrhefl taken io that- 
part of am- county lifted to th+s Subparagraph that- has ao astaefehed goo cither mh deer 
season. 

Alexander Catawba McDowell 

Alleghany Cleveland Mitchell 

Ashe Davie Rutherford 

j \ very bois;.th Stokes 

Burke Iredell Surry 

Caldwell Mecklenburg Wilkes 

f+H T» these area -, with ao established goo either '. ex deef season io counties of part;: , of counties 
li '. ted m Paragraph (b)( 1 )( A) of (4-)-f el th+s Rule a maximum el oao antlerless deer may be 
substituted tof ao equal number of antlered doef aod ooe additional antlerless deef is p e rmitted 
without substitution 

(A) Deer of either sex max be taken durum muzzle-loading firearms season in those counties or 
parts of counties listed in Parts (A) and (Cj of Subparagraph (b)( 1 ) of this Rule and deer of ei- 
ther sex mav he taken on that last day of muzzle-loading firearms season in those counties or 
parts of counties listed in Part (B) of Subparagraph (h)( 1 ) of this Rule. 

(B) Dogs may not be used for hunting deer during the muzzle-loading firearms seasons. 

(C) Pistols may not be earned while hunting deer dining the muzzle-loading firearms seasons, 
(e) Bag Limits 

(1) Male Deer With Visible Antlers. Daily, two: possession, four: five: season, four. five. 

(2) Antlerless Deer. Where antlerless deer may be lawfully taken, a maximum of two antlerless deer 
may be substituted for an equal number of antlered deer in the limits contained in Subparagraph 
(1) of this Paragraph. Antlerless deer include males with knobs or buttons covered by skin or 
velvet as distinguished from spikes protruding through the skin. 



6:18 NORTH CAROLINA REGISTER December 16, 1991 1351 



PROPOSED RULES 



except as otherwise indicated in parenthe- 
ses following the name. Other clarifying 
information may also be included paren- 
thetically: 
(A) Alleghany County: 

New Riser (not trout waterl 
little River (Whitehead to McCann 
Dam I 

Crab Creek 
Brush Creek (except where posted 

against trespass) 
I ittle Pine Creek 
Big Pine Creek 
I ittle Glade Creek 
Laurel Branch 
Big Glade Creek 
Bledsoe Creek 
Pine Swamp Creek 

South Fork Little River (except where 
posted against trespass! 
South Fork New River (not trout water) 
Prather Creek 
Cranberry Creek 
Pines Fork 
Meadow Fork 
Yadkin River (not trout waterl 
Roaring Riser (not trout water) 
East Prong Roaring River (that portion 
on Stone Mountain State Park) De- 
layed Harvest Waters regulations apply. 
See Subparagraph (5) of Paragraph (a) 
of this Rule. 
Stone Mountain Creek 
B) Ashe County: 
New Riser (not trout ssaters) 

North Fork Ness' River (Watauga Co. 

line to Sharp Dam) 
Helton Creek (Virginia State line to 

Ness- Riser) 
Big Horse Creek (SR 1361 bndge to 

Tuckerdale) 
Buffalo Creek (headssaters to junction 

of NC 194-88 and SR 1131) 
Big Laurel Creek 
Three Top Creek (portion not on game 

lands) 
Hoskins Fork (Watauga County line to 

North L'ork Ness- River) 
South Lork Ness Riser (not trout wa- 
ters) 
Cranberry Creek (.Alleghany Counts- 
line to Ness- Ris-er) 
Nathans Creek 
Peak Creek (headsvaters to Trout Lake, 

except Blue Ridge Parksvay ssaters) 
Trout I ake 
Roan Creek 
North Beaser Creek 



South Beaver Creek (headss'aters to 

Ashe Lake) 
Pine Swamp Creek (all forks) 
Old Fields Creek 
Call Creek (West Prone Old Fields 

Creek) 
Mill Creek (except svhere posted against 

trespass) 

(C) Asers County: 

Nolichucky River (not trout ssaters) 
North Toe Riser (headsvaters to Mitchell 

County line, except sshere posted 

against trespass) 

Plumtree Creek 

Roaring Creek 

Squirrel Creek 

Horse Creek 
I- Ik Riser (SR 1306 crossing to Tennessee 

State line) 
Elk River (Lees-McRae College boundary 

line to NC 194 bndge at Heaton. except 

sshere posted against trespass) 

Cranberry Creek 
Catawba Riser (not trout ssater) 

Johns Ris-er (not trout ssater) 

Wilson Creek [not Hatchery Supported 
trout ssater, see Subparagraph (2) of 
Paragraph (a) of this Rule] 

Lost Cose Creek [not Hatchers' Sup- 
ported trout ssater. see Subparagraph 
(4) of Paragraph (a) of this Rule] 

Rockhouse Creek 

Gragg Prong 

Webb Prong 

Andrew ' .- . Creole Buck Timber Creek 
[not Hatchery Supported trout ssater, 
see Subparagraph (2) of Paragraph 
(a) of this Rule] 

Carey Flat Branch [not Hatchery- Sup- 
ported trout water, see Subparagraph 
(2) of Paragraph (a) of this Rule] 

Boyde Coffey I ake 

Archie Coffey Lake 
Linville Riser (Sloop Dam to Blue Ridge 

Parksvay boundary line) 

Milltimber Creek 
Linsille River [Land Harbor line (below- 
darn) to Ben Aldridge line, except Bob 

Miller properts ] 

(D) Buncombe County: 

Ati- stfeatas locat e d **«■ game luiuh. c - xci ' pt 

tho '. L ' lifted h+ Subparagraph f4+ &£ 

Paragraph (-*+ t4 (+H-* Mule. 
French Broad River (not trout svater) 
Bin Is-y Creek (Ivy Riser) (Dillindiam 

Creek to US 19-23 bndge) 

Dillingham Creek (Comer Rock Creek 
to Bis 1st Creek) 



1354 



6:1S SORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



Stony Creek 
Mineral Creek 
Carter Crook (portion 
lands) 



oot on- game 



Corner Rock Creek 
Reems Creek (Woodfin Watershed dam 

to US 19-23 bridge, except where 

posted against trespass) 
Svvannanoa River (SR 2702 bridge near 

Ridgecrest to Sayles Bleacher)' in 

Asheville, except where posted against 

trespass) 
Bent Creek 

1 ake Powhatan 

Cane Creek (headwaters to SR 3138 
bridge) 

(E) Burke County: 

Catawba River (not trout water) 

South Fork Catawba River (not trout 
water) 

Henry Fork (lower Morganton watershed 
line downstream to SR 1919 at Ivy 
Creek) 

Jacob Fork (Shinny Creek to lower South 
Mountain State Park boundary) De- 
layed 1 larvest Regulations apply. See 
Subparagraph (5) of Paragraph (a) of 
this Rule. 

Johns River (not trout water) 
Parks Creek (not trout water) 
Carroll Creek (same lands above SR 
1405) 

Linville River (first bridge on SR 1223 
below Fake James powerhouse to 
Muddy Creek) 

(F) Caldwell County: 
Catawba River (not trout water) 
Johns River (not trout water) 

Wilson Creek (Phillips Branch to 
Browns Mountain Beach dam. ex- 
cept where posted against trespass) 
Estes Mill Creek (not trout water) 
Thorpe Creek (falls to NC 90 bridge) 
Mulberry Creek (not trout water) 
Boone Fork (not Hatchery Supported 

trout water) 
Boone Fork Pond 

(G) Cherokee County: 

All streams located oft gam e land '. , e xc e pt 
those listed m Subparagraph (3} of 
Paragraph fa-) of tk±* Rule 
Hiwassee River (not trout water) 

Shule - r Creek (h e adwaters to Tennessee 

1+fter except where posted against 

trespass) 
North Shoal Creek (Crane Creek) 

(h e adwat e rs to S44- 1325) 
Persimmon Creek 



Davis Creek 
#«44Cfeek- 

Beaver Dam Creek (headwaters to SR 
1326 bridge) 
Valley River 
Hyatt Creek 
Webb Creek 

Junaluska Creek (bridge at U.S. Forest 
Service road 440, Section No. 4. to 
Valley River) 
(II) Clay County: 

AW- '. t roams located oft game land '. , e xc e pt 
those listed ift Subparagraph f2-) of 
Paragraph fa-) of (44* Mule. 
Hiwassee River (not trout water) 

Fires Creek (bear sanctuary line to SR 

1300) 
Tusquitee Creek (headwaters to lower 

SR 1300 bridge) 
Tuni Creek 

Chatuge I ake (not trout water) 
Shooting Creek (headwaters to US 64 

bridge at SR 1338) 
Hothouse Branch 
Vineyard Creek 
(I) Graham County: 

AH- streams located oft game lands . , except 
tho 'i o lifted m Subparagraph (-3-) of 
Para graph fa-) of tot* Rul e . 
kittle Tennessee River (not trout water) 
Calderwood Reservoir (Cheoah Dam to 

Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 
West Buffalo Creek 
Santeelah Reservoir (not trout water) 
Santeelah Creek (Johns Branch to 

mouth) 
I lullinan Creek ( 1 ittlo Buffalo Crook) 
Squalla Creek 
South Fork Squalla Creek 
Big Snowbird Creek (old railroad junc- 
tion to mouth) 
Mountain Creek (headwaters to S44 

444£ bridge) 
Fong Creek (headwater , to lower bridge 
oft !vR- 1 127) (portion not on game 
lands) 
Tulula Creek (headwaters to lower 

bridge on SR 1211) 
Pranks Creek 
Cheoah Reservoir 

Fontana Reservoir (not trout water) 
Stecoah Creek 
Sawyer Crook 
Panther Creek 
(J) Haywood County: 



6: 18 NORTH CAROLINA REGISTER December 16, 1991 



1355 



PROPOSED RULES 



-VH- stfeaaas locat e d t+tt game kmJ '. . except 
tho^ e li-t e d m Subparagraph (-2f e+ 
Paragraph (a) t-4 t-h+* Rule. 
Pigeon River (not trout water) 
I lurricane Creek 
( 'old Springs Creek 
Jonathans Creek - lower (concrete 

bridge in Dellssood to Pigeon River) 
Jonathans Creek - upper |SR 1307 

bridge (west) to SR 1302 bridge] 
Hemphill Creek 
West 1 oik Pigeon River (headwaters to 

C hampion International property 

line) 
( K ) I [enderson County: 

A-14 i. troani '. located t+H- game lanJi . . except 
thoi . e - lifted m Subparagraph (3) Para 
graph (-et-) h4-~ 4++* Mulu. 
Broad Riser (not trout water) 
Rocky Broad River (one-half mile north 
of Bat Cave to Rutherford County line) 
Green River - upper (mouth of Bob 

Creek to mouth of Rock Creek) 
Green Riser - lower ( Pake Summit Dam 
to Polk Counts line) |not hatchers 
supported trout water. See Suhpqra- 
-■i ij-li f oj Pir.iJi tph i.ii oJ ihh Rule 
Camp Creek 1 Polk Counts kt*e h* S-14- 

■W% ^SR iqp> to Polk "Counts line) 
Big Hungry River 
I ittle Hungry Ris'er 
( I ) Jackson County: 

tVH- 'i troamv located t+ft game land;' . , except 
thoi . o lifted t» Subparagraph (-5-) t4 
Paragraph f*+ ef t+w-- Pul e . 
Tuckasegee Ris'er (confluence with West 
Pork Tuckasegee Riser to bridge at 
Wilmont ) 
Scott Creek (entire stream, except 

where posted against trespass) 
#*# twlr f4vft 44£? b«*ke Mw B4J 

Johnson s plac e k+ Scott Crook) 
North Pork Scott Creek 
Savannah Creek (Headwaters to 

Bradley's Packing House on NC 1 16) 
Greens Creek (Greens Creek Baptist 

Church on SR 1730 to Savannah 

Creek) 
Cullowhee Creek (Tilley Creek to 

Tuckasegee River, except portion 

posted tor Western Carolina Univer- 
sity outdoor classroom) 
Bear Creek 1 ake 
Wolf Creek [not Hatchery Supported 

trout water, see Subparagraph (2) of 

Paragraph (a) of this Rule] 
Wolf Creek Lake 
Balsam I ake 



Tanasee Creek [not Hatchery Sup- 
ported trout water, see Subparagraph 
(2) of Paragraph (a) of this Rule] 

Tanasee Creek Pake 

West Pork Tuckasegee Riser (Shoal 
Creek to existing ssater level of Pittle 
Glensille Lake) 

Littl e Glensille 4-akf 

Shoal Creek (Glensille Reservoir pipe- 
line to mouth) 
(Ml Macon County: 

A-W '. trcam -i located «« gam e landi . . e xcept 

tluvn ' li -. ted h* Subparagraph (-5-) t*f 

Paragraph (-H-) »f 4h- Rule. 
Pittle Tennessee Ris'er (not trout water) 
Nantahala Riser (Nantahala Dam to 

Swain County line) Delayed Harvest 

Regulations apply to the portion from 

Whiteoak Creek to the Nantahala 

1'osver and 1 ight powerhouse discharge 

canal. See Subparagraph (5) of Para- 
graph (a) of this Rule. 

Queens Creek Pake 

Roaring fork Creek (-t-£ 1 or e ^t Sun ice 
prop e rty 1+f+e to mouth ) 

Burningtossn Creek 
Cullasaja Riser (Sequoah Dam to LS 64 

bridge near junction of SR 1672) 

Fllijay Creek (except where posted 
against trespass) 

Skittv Creek (not trout ssater) 

Cliffside Pake 

Cartoogechaye Creek (US 64 bridge to 
Pittle Tennessee Riser) 

Tcssentee Creek (Nichols Branch to 
Pittle Tennessee River, except sshere 
posted against trespassing) 
Savannah Riser (not trout ssater) 

Big Creek (base of falls to Georgia State 
line) 
(N) Madison Counts: 

A4 j. tri ' am ;. located t-n* game land*, except 

tluvn' lifted m Subparagraph (3+ t4 

Paragraph to+ t4 t+H- Rule 
French Broad Riser (not trout ssater) 
Shut-in Creek 

Spring Creek (junction of NC 209 and 
NC 63 to lower US Forest Service 
boundary line) 

Meadow Fork Creek (except I ittle 
Creek ) 

Roaring Fork 

I ittle Creek 

Max Patch Pond 



Mill Ridge 
Big 



'ond 



urel Creek (Mars Hill Watershed 
boundary to Rice's Mill Dam) 



1356 



6: IS NORTH CAROLINA RE(,ISTER December 16, 1991 



PROPOSED RULES 



Shelton laurel Creek (headwaters to 

NC 208 bridge) 
B+g Crook (headwater* to lower gam e 

k-m4 boundary) 
MiJJ Creek 
Spillcom Creek 

Puncheon Fork (Hampton Creek to 
Big Laurel Creek) 
(O) McDowell County: 

Catawba River (not trout water) 
Buck Creek (not trout water) 

I ittle Buck Creek (game land portion) 
Curtis Creek (fish barrier to US 70 bridge) 

Newberry Creek (game land portion) 
North Fork Catawba River (headwaters 
to North Cove School, SR 1569 ) 
Armstrong Creek (Cato Holler line 
downstream to upper Greenlee line) 
Mill Creek (upper railroad bridge to Old 
Fort Dam, except where posted against 
trespass) 
(P) Mitchell County: 

Nolichucky River (not trout water) 
Big Rock Creek (headwaters to fishing 
club property above A.D. Harrel farm) 
I ittle Rock Creek (Green Creek Bridge 
to Big Rock Creek, except where 
posted against trespass) 
Cane Creek ^(SR 1219 to Nolichucky 

River) 
Grassy Creek (East Fork Grassy Creek to 
mouth) 

East Fork Grassy Creek 
North Toe River (Avery County line to 
SR 1121, Altapass Road) 
(Q) Polk County: 

A44 ctructm i i located H+t- game land*, except 
these lifted i» Subparagraph (4} e£ 
Paragraph (a) t*f t-h+s- Rule. 
Broad River (not trout water) 
North Pacolct River (Pacolet Falls to NC 
108 bridge) 
Fork Creek (Fork Creek Church on SR 

1128 to North Pacolet River) 
Big Fall Creek (portion below water 
supply reservoir) 
Green River ( Henderson County foe 
Fishstop Falls to mouth of Brights 
Creek) 

lit in Cre e k (Groar . o Crook) (Upper 

llalbort Cov e Road bridge h++ 8-R 
1 1 12 h* existing Fake Adgor ' . vat or 
level, except wh e r e post e d UL!ctin -. t 
trespass) 

1 aurol Branch 

I ittle Covo Creek 
B+g Cove Creek 
Rixhavon Crook 



Camp Creek [Henderson County line 

(top of falls) to Green River) 
Fulloms Creek (SR 1154 to Green 
River) 
(R) Rutherford County: 

Broad River (not trout water) 
Rocky Broad River (Henderson County 
line to head of rapids at Goose Pond 
Hole, except where posted against tres- 
pass) 
(S) Stokes County: 

Dan River (lower Flippin property line 
below SR 1416 to 200 yards down- 
stream from end of SR 1421) 
(T) Surry County: 

Yadkin River (not trout water) 
Ararat River (SR 1727 downstream to SR 
1759) Delayed Harvest regulations ap- 
ply. See Subparagraph (5) of Para- 
graph (a) of this Rule. 
Stewarts Creek (not trout water) 
Pauls Creek (Virsdnia State line to SR 

1625) 
Fisher River (Cooper Creek) (Virginia 
State line to NC 89 bridge) 
Little Fisher River (Virginia State line 
to NC 89 bridge) 
Merritt Creek 
(I. ) Swain County: 

A44 stfeams located t-m game land*, except 
those lifted m Subparagraph (-=4 ©I 
Paragraph (-*+ ©f tk» Rule. 
Little Tennessee Riser (not trout water) 
Calderwood Reservoir (Cheoah Dam to 

Tennessee State line) 
Cheoah Reservoir 
Tuckasegee River (not trout water) 

Deep Creek (Great Smoky Mountains 
National Park boundary line to 
Tuckasegee River) 
Oconaluftee River (not trout water) 
Connelly Creek 
Alarka Creek 
Nantahala River (Macon County line to 
existing Lontana Lake water level) 
(V) Transylvania County: 

A4I stfea«*s located t-m- game land '. , except 
those listed m Subparagraph (4+ t4" 
Paragraph (-«4 e4 t+n-> Rule 
French Broad River (junction of west and 

north forks to US 276 bridge) 
I ittle River (ftet trout wat e r) 

1 aurol Crook (headwater . k+ e xisting 
Cascade I ak e wat e r level) 
Davidson River (game land boundary to 

Ecusta intake) 
East Fork French Broad River (Glady 
Branch to French Broad River) 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1357 



PROPOSED RULES 



Middl e Pork lunch Broad Rivor 

West Fork French Broad River (SR 1312 

and SR 1309 intersection to junction 

of west and north forks) 
Savannah Riser (not trout water) 
Horsepasture River (Jackson County line 

to existing Lake Jocassee water level) 
Thompson River (SR 1152 to South 

Carolina state line, except where posted 

against trespass) 

Oumhottom Crook (-S-R- -1444 U* 
1 hompvon Rivon 
(\Y) Watauga County: 

New River (not trout waters) 

North Fork New Riser (headwaters to 

Ashe County line) 
South Fork New River (not trout water) 

Meat Camp Creek 

Norris Fork Creek 

Howards Creek (downstream from 
lower falls) 
Middle Fork New River (Lake Chetola 

Dam to South Fork New River) 
Yadkin Riser (not trout water) 

Stony Fork (headssaters to Wilkes 
County line) 

Flk Creek (headssaters to gravel pit on 
SR 1508, except where posted against 
trespass) 
Watauga Riser (SR 1554 to SR 1114 

bridge) 

Beech Creek 

Buckeye Creek Reservoir 

Coffee Fake 

I aurel Creek 

Cove Creek (SR 1233 bndge at 
Zionville to SR 1233 bndge at 
Amantha) 

Dutch Creek (second bridge on SR 
1 134 to mouth) 

Crab Orchard Creek 

Boone Fork (headssaters to SR 1562) 
(X) Wilkes County: 

Yadkin Riser (not trout svaterl 

Roaring Riser (not trout ssater) 

Fast Prone Roaring Riser (Bullhead 

Creek to Brewer's Mill on SR 1943) 

( Delayed harvest regulations apply to 

portion on Stone Mountain State Park) 

See Subparagraph (5) of Paragraph (a) 

of this Rule. 
Stone Mountain Creek (Alleghany 

County line to Bullhead Creek) 
Middle Prong Roaring River (headssaters 

to second bridge on SR 1736) 

Hams Creek (end of SR 1716 to 
mouth) 

Pell Branch Pond 



Boundary Line Pond 
West Prong Roaring Riser (not trout wa- 
ters) 

Pike Creek 
Pike Creek Pond 
Reddies Riser (not trout ssater) 

Middle Fork Reddies River (Clear 
Prong) (headsvaters to bridge on SR 
1580) 
South Fork Reddies Riser (headssaters 

to NC 16 bridge) 
North Fork Reddies Riser (Yannoy 
Creek) (headwaters to L'nion School 
bridge on SR 1559) 
North Prong Reddies Riser (Darnell 
Creek) (doss-nstream ford on SR 1569 
to confluence with North Fork) 
Lesvis Fork Creek (not trout svaterl 
South Prong Lessis Fork (headssaters 

to Lewis Lork Baptist Church) 
Fall Creek (except portions posted 

against trespass) 
Stony Lork Creek (headwaters to Mt. 
Zion bridge near intersection of SR 
1155 and SR 1 167) 
(Y) Yancey County: 

Nolichucky Riser (not trout water) 
Cane Riser (Cattail Creek to Boss lens 

Creek ) 
Bald Mountain Creek (except portions 

posted against trespass) 
Bald Crook (-ft***- trout suitor) 
I lck ' Lillot Crook 
L4k- Wcdlow (Schronco Crook) 
Indian Creek (not trout water) 
Price Creek (junction of SR 1120 and 
SR 1121 to Indian Creek) 
South Toe River (Clear Creek to lower 
boundary line of Yancey Counts recre- 
ation park except where posted against 
trespass) 
(2) Wild Trout Waters. All designated public 
mountain trout waters located on game 
lands » »«4 e*^ t4 Yancov . McDowoll 
t+t+4 Rutherford Countior . are classified as 
wild trout svaters unless classified other- 
wise. The trout waters listed in tins Sub- 
paragraph are also classified as wild trout 
ss'aters. On game lands all tributaries to 
wild trout svaters are also classified as wild 
trout waters. 

(A) Alleghany Counts : 
Ramey Creek (entire stream) 

( B) Ashe County: 

Big Horse Creek (Yirginia State line to 
SR 1361 bndge) Catch and 
Release Artificial Lures Onlv Resu- 



I35S 



6:1,S NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



lations apply. See Subparagraph (3) of 
Paragraph (a) of this Rule. 
(C) Avery County: 

Birchfield Creek (entire stream) 
Buck Timber Creek (game land boundary 
downstream to its mouth at Wilson 
Creek, excluding Flat Land Branch) 
Car>' Flat Branch (headwaters to upper 
game land boundary, excluding Archie 
Coffey and Boyde Coffey Lakes, and 
from lower game land boundary to 
mouth at Buck Timber Creek) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
1 lorse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 

(non-game land portions) 
Rockhouse Creek (entire stream} 



South 1 larper Creek (entire stream) 
Wilson Creek (upper 4W4 Crump | 
Itwe downstream to- t4*e upper 
land boundary) [Catch 

Release 



Artificial I 



ures 



Only 



game 

and 

regu- 



lations apply. See Subparagraph (3) of 
Paragraph (a) of this RuleJ 

(D) Buncombe County: 

Carter Creek (game land portion) (Catch 
and Release Artificial Lures only regu- 
lations apply. See Subparagraph (3) of 
Paragraph (a) of this Rule. 

(E) Burke County: 

All waters located on South Mountain 
State Park, except the main stream of 
Jacob Fork between the mouth of Shinny 
Creek and the lower park boundary where 
delayed harvest regulations apply. See 
Subparagraph (5) of Paragraph (a) of this 
Rule. 

(F) Caldwell County: 

Buffalo Creek (headwaters to lower DahJ 

property line) 
Joe Fork (Watauga County line to falls) 
Rockhouse Creek (entire stream) 

(G) Cherokee County: 
Bald Creek (entire stream) 

North Shoal Creek (Crane Creek ) 

(headwaters to S_R 1325] 
Shuler Creek (headwaters to Tennessee 

State line, except where posted against 

trespass) 
(11) fG4 Clay County: 

Buck Cr e ek (game land portion) 
fees Creek (game k-m4 portion) 
Tuni Creek (entire stream ) 
(I) 44+ Graham County: 



B+e Snow Bird Creek (up -. tr e am from t-44 

railroad junction) 
Slick Rock Cr e ek (entir e -. tream) 
Huffman Creek (1 ittle Buffalo Creek) 

(entire stream) 
Mountain Creek (game lands boundary to 

SR 1138 bridge) 



Sawyer Creek (entire stream) 



South fork Squalla Creek (entire stream) 
(4+ I lav wood County: 

•B+g Creek (game land portion) 

Bw Fr*t4 Fork Pigeon River (game k-m4 
portion) 

Catalnocheo Creek (game land portion) 

1 ittl e Fmit fork Pigeon River (game k+w4 
portion) 

Middl e Prong West Peris Pigeon Riser 
(J) Henderson County: 

Btg Creek ( e ntire t i t ream) 

Bradley Cr e ek ( e ntire t i t ream) 

Fletcher Creek (entire [ . treum) 

South Mill '. Riv e r (game land portion) 

(ire en River ( I ake Summit Dam to Polk 
County line) 
(K) Jackson County: 

Cancv fork Creek I game land portion) 

Buff Creek (SR 1457 bridge below Bill 
Johnson's place to Scott Creek) 

Gage Creek (entire stream) 

North Fork Scott Creek (game lands 



boundary to mouth ) 

Tanasee Creek (entire stream) 

Whitewater River (downstream from Sil- 
ver Run Creek to South Carolina State 
line) 

Wolf Creek (entire stream, except Balsam 
Fake and Wolf Creek 1 ake ) 
(L) Macon County: 

Nantahala Riv e r (up -. tream from knw 
'. anctuarv kwe *(■ Rainbow Spring! . ) 

Roaring Fork Creek [Game lands bound- 
ary to mouth) 
(M ) Madison County: 

Big Creek (headwaters to lower game land 
boundary) 

I ittle Creek (entire stream) 



(N) (A4> Mitchell County: 

Green Creek (headwaters to Green Creek 
Bridge, except where posted against 
trespass) 

Fittle Rock Creek (headwaters to Green 
Creek Bridge, except where posted 
against trespass) 

Wiles Creek (game land boundary 1 to 
mouth) 
(()) Polk County: 

Big ball Creek (portion above water sup- 
ply reservoir) 



6:18 NORTH CAROLINA REGISTER December 16, 1 99 1 



1359 



PROPOSED RULES 



Green River ( Henderson County line to 
I ishstop I alts ) 



I lttle Cove Creek (entire stream) 



[ I') (-X-f I ransylvania County: 
Av e r; . Creek ( on til e ' ■■ tream) 
Brad l es Cr ee k (entir e ■. tr e am) 
Bus kImmi RiveT (up -. trcum e+ Avery 

( reek, e xcluding (irogan (reck) | Catch 

rt«4 Release Wy- IThing Only rc - gu 

kition -. apph See Subparagraph (-4+ h+ 

Paragraph k*4 t4 (4h-t Rule | 
I oolong Glass ( reek (entir e '. trc - am) 
North I oik Broad River [game k+t+4 por 

t+m* up '. trc - am from Long Branch 

( ( Ourthoii 'i e Creek) | 
Middle 1 ork French Broad Riser (entire 

stream | 



South Fork Mills River (entire stream) 
Whitewater River (downstream from Sil- 
ver Run Creek to South Carolina State 
line) 
(O) (4-H Watauga County: 

Watauga River [Avery County line to SR 

155^) 
Boone Fork (Blue Ridge Parkway 
boundary line to Watauga River) 
[Catch and Release Fly fishing Only 
regulations apply. See Subparagraph 
(4) of Paragraph (a) of this Rule.) 
Howards Creek (headwaters to lower 
falls) 
(R) (-R+ Wilkes County: 

Big Sandy ("reek (portion on Stone 

Mountain State Park) 
Garden Creek (portion on Stone Moun- 
tain State Park) 
I Iarris Creek and tributaries [portions on 
Stone Mountain State Park) [Catch and 
Release Artificial Lures Only regu- 
lations apply. See Subparagraph (4) of 
Paragraph (a) of this Rule.| 
Widow ("reek (portion on Stone Moun- 
tain State Park) 
(Si (44+ Yancey County: 

I ick--killct Creek (entire stream ) 

Middle ("reck (game land boundary to 

mouth) 
Rock Creek (game land boundary to 

mouth) 
South Toe River (game land boundary 
downstream to Clear Creek) 
(3) Catch and Release Artificial I ures Only. 
I hose portions of designated wild trout 
waters as listed in this Subparagraph, in- 
cluding tributaries except as noted, arc 
further classified as Catch and 
Release Artificial I ures Only waters. 
Onlv artificial lures having one single 



hook may be used. No fish may be har- 
vested or be in possession while fishing 
these streams: 

Harris Creek and tributaries (portions on 
Stone Mountain State Park. Wilkes 
County) 

Big Horse Creek, excluding tributaries 
(Virginia state line to SR 1361 bridge, 
Ashe County) 

Three lop Creek (portion located on Bluff 
Mountain Game lands, Ashe County) 

Wilson Creek (hoadv i atcn . k* game lands 
boundary abov e 1 dgc - mont. excluding 
tnhutariL ' jj. Avc'ry County) ( game lands 
portion including tributaries. Avery 
Countvi 

Ipper Creek. Yancey County 

I ower Creek. Yancey County 

Tuckasegee River including all tributaries 
above the Clarke property. Jackson 
County 

Flat Creek, Jackson County 

Carter Creek (game lands portion), 
Buncombe County 

(4) Catch and Release Artificial flies Only. 
I'hose portions of designated wild trout 
waters as listed in this Subparagraph, in- 
cluding tributaries except as noted, are 
further classified as Catch and Release Fly 
fishing Only waters. Only artificial flies 
having one single hook may be used. No 
fish may be harvested or be in possession 
while fishing these streams: 

Boone fork (portion between Blue Ridge 
Parkway" boundary" and the Watauga 
River, Watauga County) 

South Toe River (portion from the concrete 
bridge above Black Mountain 

Campground downstream to the game 
land boundary", excluding Camp Creek 
and Neals Creek. Yancej County) 

I ost Cove Creek (game land portion, ex- 
cluding Gragg Prong and Rockhouse 
Creek. Avery County) 

Da\idson River (headwaters to Avery ("reek 
excluding Avery Creek. I ooking Glass 
Creek, and Grogan Creek, Transylvania 
County) 

(5) Delayed Harvest. Those portions of des- 
ignated Hatchery" Supported front Waters 
as listed in this Subparagraph, excluding 
tributaries except as noted, are further 
classified as Delayed Han est Waters. 
Between 1 March and the Friday before 
the first Saturday in June, inclusive, only 
artificial lures with one single hook may 
be used. No fish may be harvested or be 
in possession while fishing these streams 



1360 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



during this time. On the first Saturday in 
June these streams revert to Hatchery 
Supported Waters regulations: 

Ararat River (SR 1727 downstream to SR 
1759. Surry County) 

East Prong Roaring River (portion en* Stone 
Mountain Statu Park, Willa ' t) County) 
(from Bullhead Creek downstream to the 
lower Stone Mountain State I'ark bound- 



ary, Wilkes County 



Jacobs Fork (Shinny Creek to lower South 
Mountain State Park boundary, Burke 
County) 

Nantahala Riser (portion from Whiteoak 
Creek to the powerhous e , Nantahala 
Power and I .ight power house discharge 
canal, Swain County) 
(b) lishing in Trout Waters 

(1) Hatchery Supported Trout Waters. It is 
unlawful to take fish of any kind by any 
manner whatsoever from designated pub- 
lic mountain trout waters during the 
closed seasons for trout fishing. The sea- 
sons, size limits, creel limits and pos- 
session limits apply in all waters, whether 
designated or not, as public mountain 
trout waters. Except in power reservoirs 
and city water supply reservoirs so desig- 
nated, it is unlawful to fish in designated 
public mountain trout waters with more 
than one line. Night fishing is not al- 
lowed in most hatchery supported trout 
waters on game lands [see 15A NCAC 
10D .0004(b)(1)], 

(2) Wild Trout Waters. Except as otherwise 
provided in Subparagraphs (3) and (4) of 
Paragraph (a) of this Rule, the following 
rules apply to fishing in wild trout waters. 

(A) Open Season. There is a year round 
open season for the licensed taking of 
trout. 

(B) Creel Limit. The daily creel limit is 
four trout. 

(C) Size Limit. The minimum size limit is 
seven inches. 

(D) Manner of Taking. Only artificial lures 
having only one single hook may be used. 
No person shall possess live or preserved 
bait while fishing wild trout waters. 

(E) Night Fishing. Lishing on wild trout 
waters is not allowed between one-hall' 
hour after sunset and one-half hour before 
sunrise. 

Statutory Authority G.S. 113-134; 113-272; 

113-292. 

SECTION .0400 - NONGAME I I S 1 1 



.0402 TAKING BAIT FISHES AND FISH 
UAH 

(a) It is unlawful to take bait fishes in the in- 
land waters of North Carolina using equipment 
other than: 

( 1 ) a net of dip net design not greater than six 
feet across; 

(2) a seme of not greater than 12 feet in length 
and w ith a bar mesh measure of not more 
than one-fourth inch; 

(3) a cast net with a square mesh of not more 
than three-eighths inch; 

(4) minnow 7 traps not exceeding 12 inches in 
diameter and 24 inches in length, with 
funnel openings not exceeding one inch in 
diameter, and which are under the imme- 
diate control and attendance of the indi- 
vidual operating them. 

(b) h is unlawful to seH nongame fishes or 
aquatic animals taken under this Subsection. 

(c) (4*+ Game fishes and their young taken while 
netting for bait shall be immediately returned 
unharmed to the water. No person shall take- 
more than 200 bait fish from inland fishing wa- 
ters during one day. It is unlawful to take bait 
fishes or fish bait from designated public moun- 
tain trout waters and: 

( 1 ) Chatham County: 
Deep River 
Rocky River 
Bear Creek 

(2) I ee County: 
Deep River 

(3) Moore County: 
Deep River 

(4) Randolph County: 

Deep River below the Coleridge Dam 
Pork Creek. 

Statutory Authority G.S. 113-134; 1/3-/35; 



113-272; 113-27 



113-292. 



SI BCHAPTER 10!) - GAME LANDS 
REGULATIONS 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while 
hunting on any designated game land shall be 
under the influence of alcohol or any narcotic 
drug, or fail to comply with special restrictions 
regarding the use of the Blue Ridge Parkway 
where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall 
park a vehicle on game lands in such a manner 
as to block traffic, gates or otherwise prevent ve- 
hicles from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to 
occupy, for the purpose of hunting, any tree 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1361 



PROPOSED RULES 



stand or platform attached by nails, screws, bolts 
or wire to a tree on any game land designated 
herein. This prohibition shall not apply to lag- 
screw steps or portable stands that are removed 
after use with no metal left remaining in or at- 
tached to the tree. 

(d) Time and Manner of Taking. Except 
where closed to hunting or limited to specific 
dates by these regulations, hunting on game lands 
is permitted during the open season for the game 
or furbearing species being hunted. On managed 
waterfowl impoundments, hunters shall not enter 
the posted impoundment areas earlier than 4:00 
a.m. on the permitted hunting dates, and hunting 
is prohibited after 1:00 p.m. on such hunting 
dates; decoys may not be set out prior to 4:00 
a.m. and must be removed by 3:00 p.m. each 
day. No person shall operate any vessel or ve- 
hicle powered by an internal combustion engine 
on a managed waterfowl impoundment. 

No person shall attempt to obscure the sex or 
age of any bird or animal taken by severing the 
head or any other part thereof, or possess any 
bird or animal which has been so mutilated. 

No person shall place, or cause to be placed on 
any game land, salt, grain, fruit, or other foods 
without prior written authorization of the com- 
mission or its agent and no person shall take or 
attempt to take any game birds or game animals 
attracted to such foods. 

No live wild animals or wild birds shall be re- 
moved from any game land. 

(e) 1 Iunting Dates: 

( 1 ) Doves may be taken on the following 
game lands and dove hunting is limited to 
Mondays, Wednesdays, Saturdays and to 
Thanksgiving, Christmas and New Year's 
Days within the federally-announced sea- 
son: 

Buncombe County— Brow ntown Farms 

Game Land 
Guilford County— Guilford County Farm 

Game Land 
Lenoir County— Caswell Farm Game Land 
Wayne County—Cherry Farm Game Land 

(2) .Any game may be taken during the open 
seasons on the following game lands and 
hunting is limited to Mondays, Wednes- 
days. Saturdays and Thanksgiving, 
Christmas and New Year's Days. In ad- 
dition, deer may be taken with bow and 
arrow on the opening day of the bow and 
arrow season for deer. Raccoon and 
opossum hunting may continue until 7:00 
a.m. on Tuesdays, until 7:00 a.m. on 
Thursdays, and until midnight on Satur- 
days. Additional restrictions apply as in- 



dicated in parentheses following specific 
designations: 
Ashe County— Carson Woods Game Land 
Bertie County— Bertie County Game Lands 
Bladen County— Bladen Lakes State Forest 
Game Lands (Handguns may not be car- 
ried and, except for muzzle-loaders, rifles 
larger than .22 caliber rimfire may not be 
used or possessed. On the Breecc Tract 
aa4 the Singletary Tract deer and bear 
may be taken only by still hunting. Deer 
of either sex may be taken on the first 
Wednesday after Thanksgiving and on the 
second Saturday after Thanksgiving.) 
Caswell County— Caswell Game Land (That 
pttFt- designated w*4 posted as * "safety 
/one" i* closed k* *H- hunting e*ft4 trap 
ping, ew+4 entry upon such area ft-* a«¥ 
purpose, except by authorized personnel 
m the performance t-4 their dutie '. . \§ pro 
hibited. Oft ureas posted «* "restricted 
i'.oriLVi" hunting i-- limited to- how <+ft4 ttf- 
row.) 
Catawba and Iredell Counties— Catawba 
Game Land (No deer may be taken from 
the tracts known as Island Point or 
Molly's Backbone.) 
Durham. Granville and Wake Counties 
Butncr-I alls of Neuse Game 1 and I On 

'ennv Bend 



that part marked 



as 



the 



Rabbit Research Area no hunting is per- 
mitted. In addition to the dates indicated 
in Paragraph (e) of this Rule, waterfowl 
may be taken on opening and closing davs 
of the applicable waterfowl seasons.) 

Lenoir County— H.M. Bizzell, Sr.. Game 
Land 

Onslow County-- White Oak River 
Impoundment Game Land ( In addition 
to the dates above indicated, waterfowl 
may be taken on the opening and closing 
days of the applicable waterfowl seasons.) 

Pender County— Holly Shelter Game Land 
(In addition to the dates above indicated, 
waterfowl may be taken on the opening 
and closing days of the applicable 
waterfowl seasons. Deer of either sex may 
be taken on Mondays, Wednesdays, and 
Saturdays from the first Wednesday after 
Thanksgiving »«4 &a the second through 
the third Saturday after Thanksgiving. ) 

Richmond. Scotland and Moore Counties- 
Sandhills Game Land (The regular gun 
season for deer consists of the open hunt- 
ing dates from the second Monday before 
Thanksgiving to the third Saturday' after 
Thanksgiving except on the field trial 
grounds where the sun season is from the 



1362 



6: IS NORTH CAROLINA REGISTER December 16, 1 99 1 



PROPOSED RULES 



second Monday before Thanksgiving to 
the Saturday following Thanksgiving. 
Deer may be taken with bow and arrow 
on all open hunting dates during the bow 
and arrow season, as well as during the 
regular gun season. Deer may be taken 
with muzzle-loading firearms on Monday, 
Wednesday and Saturday of the second 
week before Thanksgiving week, and 
during the regular gun season. Except for 
the deer seasons above indicated and the 
managed either-sex permit hunts, the field 
trial grounds are closed to all hunting 
during the period October 22 to March 
31. In addition to the regular hunting 
days, waterfowl may be taken on the 
opening and closing days of the applicable 
waterfowl seasons.) Wild turkey hunting 
is by permit only. 

Robeson County-- Bullard and Branch 
Hunting Preserve Game Land 

Stokes County--Sauratown Plantation 
Game Land 

Yadkin County--! Iuntsville Community 
Larms Game Land 
(3) Any game may be taken on the following 
game lands during the open season, except 
That: 

(A) Bears may not be taken on lands des- 
ignated and posted as bear sanctuaries; 

(B) Wild boar may not be taken with the 
use of dogs on such bear sanctuaries, and 
wild boar may be hunted only during the 
bow and arrow seasons, the muzzle- 
loading deer season and the regular gun 
season on male deer on bear sanctuaries 
located in and west of the counties of 
Madison, Buncombe, Henderson and 
Polk; 

(C) On game lands open to deer hunting 
located in or west of the counties of 
Rockingham, Guilford, Randolph, 
Montgomery and Anson, the following 
rules apply to the use of dogs during the 
regular season for hunting deer with guns: 
(i) Lxccpt for the counties of Cherokee, 

Clay, Jackson, Macon, Madison, Polk, 
and Swain, game birds may be hunted 
with dogs. 
(ii) In the counties of Cherokee, Clay, 
Jackson, Macon. Madison, Polk, and 
Swain, small game in season may be 
hunted with dogs on all game lands ex- 
cept on bear sanctuaries. 

(D) On Croatan. Goose Creek, New Hope, 
Person, and Shearon Hams Game Lands 
waterfowl may be taken only on Mon- 
days, Wednesdavs, Saturdays; on 



Thanksgiving, Christmas and New Year's 
Days; and on the opening and closing 
days of the applicable waterfowl seasons; 
except that outside the posted waterfowl 
impoundments on Goose Creek Game 
I and hunting any waterfowl in season is 
permitted any week day during the last 10 
days of the regular duck season as estab- 
lished by the U.S. Lish and Wildlife Ser- 
vice; On the Pamlico Point, Campbell 
Creek, and Spring Creek impoundments 
a special permit is required for hunting on 
those opening and closing days of the 
waterfowl season as well as on those Sat- 
urdays that fall after November 1 of the 
season and on Thanksgiving and New 
Y'ear's day; 

(E) On the posted waterfowl 

impoundments of Gull Rock Game land 
hunting of any species of wildlife is limited 
to Mondays, Wednesdays, Saturdays; 
Thanksgiving, Christmas, and New Year's 
Days; and the opening and closing days 
of the applicable waterfowl seasons; 

(L) On bear sanctuaries in and west of 
Madison. Buncombe, Henderson and 
Polk Counties dogs may not be trained 
or allowed to run unleashed between 
March 1 and October 1 1 ; 

(G) Oft But nor Tall - : , ef Noiu . o tm4 Pi ' i '. on 
(iumo I and; , waterfowl may be taken only 
Hft TuL» ! ' i duy »i , Thursday ;. »ft4 Saturday ; !, 
Chri 'i tmar i ft«4 Now Yearr . Day;i, »«4 e» 
Ae opening ew4 closing days ©f tftt» ap- 
plicuhlo waterfowl seaseasj On New 1 ake, 
Pungo Riser, and Gull Rock Game I amis 
deer of either sex may be taken from the 
first Wednesday after Thanksgiving 
through the third Saturday after 'Thanks- 
giving. 

(II) On Angola Bay, Croatan, Goose 
Creek, Hofmann Forest and Tuscarora 
Game Lands deer of either sex may be- 
taken from the first Wednesday after 
Thanksgiving through the following Sat- 
urday; 

(I) Horseback riding is allowed on the 
Caswell and Thurmond Chatham game 
lands only during June, July, and August 
and on Sundays during the remainder of 
the year except during open turkey and 
deer seasons. Horseback riding is allowed 
only on roads opened to vehicular traffic. 
Participants must obtain a game lands li- 
cense prior to engaging in such activity; 

(J) On the posted waterfowl impoundments 
on the New Hope and Butner-Lalls of 



6:18 NORTH CAROLINA REGISTER December 16, 1 99 1 



1363 



PROPOSED RULES 



Neuse game lands a special permit is re- 
quired for all waterfowl hunting. 

(K) Additional restrictions or modifications 
apply as indicated in parentheses follow- 
ing specific designations: 

Alexander and Caldwell Counties-- Brushy 
Mountains Game Lands 

Anson County— Anson Game Land 

Anson. Montgomery, Richmond, and 
Stank Counties-- Pee Dee River Game 



I and-. 

Ashe County-- Bluff Mountain Game Lands 

Ashe County--Cherokee Game Lands 

Ashe and Watauga Counties--LLk Knob 
Game 1 and 

Avery, Buncombe, Burke. Caldwell, 
Haywood, Henderson, Jackson, Madison, 
McDowell, Mitchell. Transylvania, 
Watauga and Yancey Counties-- Pisgah 
Game Lands (Harmon Den and 
Sherwood Bear Sanctuaries in Haywood 
County are closed to hunting raccoon, 
opossum and wildcat. Training raccoon 
and opossum dogs is prohibited from 
March 1 to October 1 1 in that part of 
Madison Count)' north of the Lrench 
Broad River, south of L S 25-70 and west 
ofSR 1319.) 

Bertie and Washington Counties-- Bachelor 
Bay Game Lands 

Beaufort and Pamlico Counties--Goose 
Creek Game Land 

Brunswick County— Green Swamp Game 
I and 

Burke County— South Mountains Game 
Lands 

Caldwell, Watauga and Wilkes Counties— 
Yadkin Game I and 

Carteret, Craven and Jones Counties— 
Croatan Game I ands 

Chatham County— Chatham Game Land 

Chatham, Durham, Orange, and Wake 
Counties— New Hope Game Lands (On 
areas posted as "archery zones" hunting 
is Limited to bow and arrow.) 

Chatham and Wake Counties— Shearon 
Harris Game Land 

Cherokee, Clay, Graham, Jackson. Macon. 
Swain and Transylvania Counties— 
Nantahala Game Lands. Raccoon and 
opossum may be hunted only from sunset 
Friday until sunrise on Saturday and from 
sunset until 12:00 midnight on Saturday 
on fires Creek Bear Sanctuary in Clay 
Countv and in that part of Cherokee 
County north of US 64 and NC 294. east 
of Persimmon Creek and Iliwassee Lake, 
south of Iliwassee Lake and west of 



Nottely River; in the same part of 
Cherokee County dog training is prohib- 
ited from March 1 to October 11. It is 
unlawful to train dogs or allow dogs to 
run unleashed on Fires Creek Bear Sanc- 
tuary at any time, except that dogs may 
be used when hunting raccoon or 
opossum and for hunting grouse and 
rabbits dunng the open seasons. It is 
unlawful to train dogs or allow dogs to 
run unleased on any game land in 
Graham County between March 1 and 
October 1 1 . 
Chowan County— Chowan Game Land 
Cleveland County— Gardner- Webb Game 

Land 
Craven County-- Neuse River Game Land 
Craven County—Tuscarora Game Land 
Currituck County— North River Game I and 
Currituck County— Northwest River Marsh 

Game I and 
Dare County— Dare Game Land (No hunt- 
ing on posted parts of bombing range.) 
Davidson. Davie. Montgomery. Rowan and 

Stanly Counties— AJcoa Game Land 
Davidson County-- Lin wood Game Land 
Davidson, Montgomery and Randolph 

Counties— Lwharrie Game Land 
Duplin and Pender Counties--Angola Bay 

Game I and 
Durham. Gram ilk * »ft4 Wake Counties — 
Butner I'iill 'i (-4 Nuu ' .ii 1 Game - I and (-Oft 
portion* t-4 t4+e Butner Lalhi e# No live 
Game I and doMgnaU ' d aft4 port e d **> 
" '. ati ' ty AMU" ' " wh4 e« thftt- part marked 
*s t4+e Penny Bend Rabbit Reseageh Area 
se hunting is permitted. Oft portions 
ported e» "rortrictod /one ;. " hunting » 
limited h* how em4 arrow during t+h* bow 
r+«4 arrow seasea *h4 t4*e reeular s«ft 



eft fof deer. 



Franklin County— Franklin Game Lands 
Gates County— Chowan Swamp Game 

I and 
Henderson. Polk and Rutherford Counties- 

-Green River Game Lands 
Hyde County— Gull Rock Game Land 
Hyde County— Pungo River Game Land 
Hyde and Tyrrell Counties-New I ake 

Game Land 
Jones and Onslow Counties— Hoffmann 

Forest Game Land 
I ee County— I ee Game Land 
McDowell County— Hickory Nut Mountain 

Game Land 
McDowell and Rutherford Counties— 

Dysartsville Game Lands 
Moore County— Moore Game Land 



1364 



6:18 NORTH CAROLINA REGISTER December 16. 1991 



PROPOSED RULES 



New Hanover County— Sutton Lake Game 

I and 
Person County-- Person Game I and 
Transylvania County— Toxaway Game Land 
Vance County— Vance Game Land 
Wilkes County— Thurmond Chatham Game- 
Land 
(4) Deer of either sex may be taken on the 
hunt dates indicated by holders of permits 
to participate in managed hunts scheduled 
and conducted in accordance with this 
Subparagraph on the game lands or 
portions of game lands included in the 
following schedule: 
Friday and Saturday of the first week after 
Thanksgiving Week: 
Lwharrie and Alcoa southeast of NC 49 
Third Saturday af+ef Thanksgiving Buy: 
Carson Woods 
Thurmond Chatham 
Thursday and Friday of the week before 
Thanksgiving Week: 
Sandhills east of LS 1 
Sandhills west of LS 1 
Fourth Saturday alter Thanksgiving Day: 
Dysartsville m McDow e ll County 
Ilickoryiiut Mountain «• McDowell 

County 
Pisgah m A very County 
Pisguh m Burke County 
Pisgah m Caldwell County 
Pisgah m McDowell County 
Pisgah m Yancey County 
South Mountain. . 
Thurmond Chatham 
Application forms for permits to participate 
in managed deer hunts on game lands, to- 
gether with pertinent information and in- 
structions, may be obtained from hunting 
and fishing license agents and from the 
Wildlife Resources Commission. Com- 
pleted applications must be received by the 
Commission not later than the first day of 
October next preceding the dates of hunt. 
Permits are issued by random computer se- 
lection, are mailed to the permittees 30 days 
prior to the hunt, and are nontransferable. 
Each permit is accompanied by an appro- 
priate big game tag. A hunter making a kill 
must tag the deer and report the kill to a 
wildlife cooperator agent. 
(5) The following game lands and Federal 
Wildlife Refuge are closed to all hunting 
except to those individuals who have ob- 
tained a valid and current permit from the 
Wildlife Resources Commission: 
Bertie, Halifax and Martin Counties— 
Roanoke River Wetlands: 



Bertie Count v- Roanoke Riser National 
Wildlife Refuge. 

Caswell County — Caswell Gam e 1 and (That 
portion designated *b4 posted ** a "Safety 
Zone") 

Dare County— Dare Game Lands (Those 
parts of bombing range posted against 
hunting) 

Davie— Hunting Creek Swamp Waterfowl 
Refuge 

Gaston, Lincoln and Mecklenburg 
Counties— Cowan's Ford Waterfowl Ref- 
uge (except for youth cither-sex deer 
hunts by permit only on the first and sec- 
ond Saturdays in October). 



Statutory Authority G.S. 1 1 3- 1 34; 
f 13-291. 2; 113-291.5: 113-305. 



113-264; 



.0004 FISHING ON GAME LANDS 

(a) Generally. Except as otherwise indicated 
herein, fishing on game lands which arc open to 
fishing shall be in accordance with the statewide 
regulations. All game lands are open to public 
fishing except restocked ponds on the New Hope 
Game Land when posted against fishing. Hunt- 
ing Creek Swamp Waterfowl Refuge. Grogan 
Creek in Transylvania County, and in the case 
of private ponds where fishing may be prohibited 
by the owners thereof. No trotline or set-hook 
or any net, trap, gig, bow and arrow or other 
special fishing de%ice of a type mentioned in 15A 
NCAC IOC .0403 may be used in any of the 
impounded waters located on the Sandhills 
Game Land. The game lands license is not re- 
quired to fish on the central and eastern game 
lands where there are no designated public 
mountain trout waters. 

(b) Designated Public Mountain Trout Waters 

(1) Fishing Hours. It is unlawful to fish in 
designated public mountain trout waters 
on any game land from one-half hour af- 
ter sunset to one-half hour before sunrise, 
except that night fishing is permitted in 
the game lands sections of the Nantahala 
River located downstream from the Swain 
County line. 

(2) Location. All waters located on the game 
lands listed in this Subparagraph, except 
Cherokee Lake, Grogan Creek, and Big 
Laurel Creek downstream from US 25-70 
bndge to French Broad River, Pigeon 
River downstream Waterville Reservoir to 
Tennessee line, and Nolichucky River are 
designated public mountain trout waters: 

Bluff Mountain Game Land. Ashe Count) 
Green River Game Land in the Counties of 
Henderson and Polk 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1365 



PROPOSED RULES 



Naiitahala National Forest Game Lands in 
the Counties of Cherokee. Clay, Graham. 
Jackson, Macon. Swain and Transylvania 

Pisgah National Forest Game Lands in the 
Counties of Avery, Buncombe, Burke, 
Caldwell, Haywood, Henderson. 

Madison, McDowell. Mitchell. 

Transylvania and Yancey 

South Mountains Game land in Burke 
County 

Thurmond Chatham Game I and in Wilkes 
County 

Toxaway Game Land in Transylvania 
County 
(3) All designated public mountain trout wa- 
ters located on the game lands listed in 
Subparagraph (2) of this Paragraph m *h4 
t4 Vancc'i . McDowoll tm4 



Rutherford Counties are wild trout waters 
unless classified otherwise. [See 15A 
NCAC IOC .0205(a)(1)], fe w*4 w<^4 e* 
Madi '. on. Buncombe. I [endup . on. «ftd 
I'olk c+H designated public mountain trout 
' . v utup i rtw hatching support e d watefs wh- 
le** cke^ified otherwis e . [See 44A NCAC 
WG .0205(a)(2)). 

Statutory Authority G.S. 113-134; 113-264; 
113-272; 1/3-292; 113-305. 

SI BCIIAPTER I0E - FISHING AND BOATING 
AC X ESS AREAS 

.0004 USE OF AREAS REGl LATED 

(a) No person shall leave any vehicle, boat 
trailer or other obstruction on any access area in 
such a location, position or condition that it will 
prevent, impede, or inconvenience the use by 
other persons of any ramp or other facility con- 
structed for the purpose of launching or landing 
boats. No person shall leave parked any vehicle, 
boat, boat trailer or other object at any place on 
any access area other than on such place or zone 
as is designated as an authorized parking zone 
and posted or marked as such. 

(b) No person shall possess a loaded firearm 
on any boat access area. No person shall operate 
a vehicle on any boat access area in a mariner so 
as to endanger life or property. 

(c) No person, when using any access area, 
shall deposit any debris or refuse anywhere on 
the grounds of the area. No person, when using 
am access area, shall do any act which is pro- 
hibited or neglect to do any act which is required 
by signs or markings placed on such area under 
authority of this Regulation for the purpose of 
regulating the use of the area. At any time when 
all designated parking zones on any access area 



are fully occupied, any person may enter and use 
such facilities, provided such person makes other 
arrangements for parking and violates none of the 
provisions of this Regulation or the signs or 
markings made or posted pursuant hereto. 

(d) No person shall operate a motorboat in the 
public waters of North Carolina within 50 yards 
of a Commission-owned or managed boat 
launching ramp at greater than "no wake" speed, 
lor the purpose of this Regulation, "no wake" 
speed shall mean idling speed or a slow speed 
creating no appreciable wake. 

(e) Lxcept where facilities are provided, it is 
unlawful to use any boating access area for pur- 
poses other than the launching of boats and 
parking vehicles and boat trailers. All other 
uses— including swimming, skiing, . camping, 
building tires, operating concessions or other ac- 
tivities not directly involved with launching of 
boats--arc expressly prohibited. 

(f) No person shall launch or moor jet skis or 
boats at public fishing access areas. 

(g) ft is unlawful to use anv public fishing area 
for purposes other than fishing. All other uses 
including swimming, sunbathing, skiing, building 
tires, operating concessions, or other activities 
not directly associated with fishing are expressly 
prohibited. 



Statutory Authority G.S. 
113-264. 



"5.4-14; 113-134; 



-k-k'k'k-k-k-k-k-k-k-k-k'k'k'k'k-k'k 



No 



otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as I5A NCAC IOC .0302. 

1 he proposed effective date of this action is April 
I. I '992. 

1 he public hearing will be conducted at 7:00 
p.m. on January 7, 1992 at the Chowan County 
Courthouse, Edenton. \.C. 

IXeason for Proposed Action: To provide con- 
sistency in the prohibition of the use of commercial 
fishing gear to take inland game fish. 



Cc 



ommenl Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from De- 
cember 16. 1991 to January 15. 1992. Such 
written comments must be delivered or mailed to 



1366 



6:IS NORTH CAROLINA REGISTER December 16. 1991 



PROPOSED RULES 



the N.C. Wildlife Resources Commission, 512 X. 
Salisbury Street, Raleigh, XC 27604-1 188. 

CHAPTER 10 - WILDLIFE RESOLRCES AND 
WATER SAFETY 

SUBCHAPTER IOC- INLAND FISHING 
REGULATIONS 

SECTION .0300 - GAME FISH 

.0302 MANNER OK TAKING INLAND GAME 
FISHES 

Except as provided below, it is unlawful for any 
person to take inland game fishes from any of the 
waters of North Carolina by any method other 
than with hook and line, rod and reel, or by 
casting. Game fishes taken incidental to com- 
mercial fishing operations in joint fishing waters 
or coastal fishing waters shall be immediately re- 
turned to the water unharmed, uxcopt t+wri- li- 
cenced commercial pound h*4 fihhumu ' ii may 
retain e»e daily limit o£ 54 paafehes fos each 
operation. Game fishes taken incidental to the 
use of licensed special devices for taking nongame 
fishes from inland fishin" waters as authorized 
by 15A NCAC 10C .0407 shall be immediately 
returned to the water unharmed, except that 
spotted sea trout may be retained without limit. 



Statutory Authority 
113-292; 113-302. 



G.S. 113-134; 113-273; 



****************** 



lyotice is hereby given in accordance with G.S. 
150D-2I.2 that the Environment, Health. & Xa- 
tural Resources. Division of Radiation Protection 



intends to adopt ride (s J cited as 15A XCAC 11 
.0352. .0353, .0354, .0355; amend rule(s) cited 
as I5A XCAC II .0/04. .0111, .0203, .0205. 
.0301, .0307, .0316, .0317, .0338, .0339, .0350, 
.0402, .0403, .0411, .04/7. .0420, .0503, .0602, 
.0605, .0608, .0703, .0910, .1002, .1007, .1008. 
.1102, .1202. .1206, .1229. .1324, .1403, .1405. 



.1418. 
.0347. 



.1419; repeal rule cited as 15 A XCAC 11 



Ti 



i. 



he proposed effective date of this action is May 
1992. 



1 he public hearing will be conducted at 5:30 
p.m. on January 15, 1992 at 3825 Bairelt Drive, 
Room 101, Raleigh, North Carolina 27609. 



R< 



<eason for Proposed Action: Make changes in 
amended rules to correct addresses, names and 
form numbers that are no longer valid. Proposed 
amendments and adoptions of new rules that are 
necessary to bring Xorth Carolina licensees into 
compliance with U.S. Nuclear Regulatory Com- 
mission's regulations. Changes to regulations to 
correct typographical errors. 



Cc 



■ omment Procedures: Written comments 

should be submitted to the Division of Radiation 
Protection. P.O. Box 27687, Raleigh. Xorth 
Carolina 2761 1-7687. Written comments will be 
accepted until January 15, 1992. Any person re- 
quiring information concerning the proposed rules 
should contact Richard Fry at 919 571-4141. 
Persons that wish to speak at the public hearing 
are encouraged to notify Mr. Fry at least three 
days prior to the hearing. 



CHAPTER II - RADIATION PROTECTION 
SECTION .0100 - GENERAL PROVISIONS 

.0104 DEFINITION'S 

As used in these Regulations, the following definitions shall apply. 

(1) "Accelerator produced material" means any material made radioactive by use of a particle ac- 
celerator. 

(2) "Act" means North Carolina Radiation Protection .Act as defined in G.S. 104E-1 which is hereby 
adopted by reference pursuant to G.S. 150B- 14(c). 

(3) "Activity" of a quantity of a radioactive material means the quotient of dN by dt. where dN is 
the number of spontaneous nuclear transformations which occur in this quantity in the time in- 
terval dt. 

Note: The term nuclear transformation is meant to designate a change of nuclide or an isomeric 

transition. 

A special unit of activity is the curie (Ci). 

(4) "Agency" means the North Carolina Department of Environment, Health, and Natural Human 
Resources. 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1367 



PROPOSED RULES 



(5) "Agreement state" means any state with which the United States Nuclear Regulatory' Commis- 
sion has entered into an effective agreement under Subsection 274b. of the Atomic Energy Act of 
1054. as amended (73 Stat. 689). 

(6) "Airborne radioactive material" means any radioactive material dispersed in the air in the form 
of dusts, fumes, mists, vapors, or gases. 

(7) "Airborne radioactivity area" means any room, enclosure, or operating area in which airborne 
radioactive material exists in concentrations in excess of the amounts specified in Table 1. Column 
1 of Rule .U423(a)( 1 ) of this Chapter; or any room, enclosure, or operating area in which airborne 
radioactive material exists in concentrations which, averaged over the number of hours in anv week 
during which individuals are in the area, exceed 25 percent of the amounts specified in Table 1, 
Column I of Rule ,0423(a)( 1 ) of this Chapter. 

(8) ".Authorized representative" means an employee of the agency, or an individual outside the 
agency when the individual is specifically so designated by the agency under Rule .0112 of this 
Section. 

(9) "Byproduct material" means any radioactive material, except special nuclear material, yielded in 
or made radioactive by exposure to the radiation incident to the process of producing or utilizing 
special nuclear material. 

(10) "Calendar quarter" means not less than 12 consecutive weeks nor more than 14 consecutive 
weeks. The first calendar quarter of each year shall begin in January and subsequent calendar 
quarters shall be so arranged that no day is included in more than one calendar quarter and no dav 
in any one year is omitted from inclusion within a calendar quarter. No licensee or registrant shall 
change the method observed by him of determining calendar quarters for purposes of these Reg- 
ulations except at the beginning of a calendar year. 

(11) "Commission" means the North Carolina Radiation Protection Commission. 

( 12) "Curie" means an activity of 3.7 x 1()'° disintegrations per second (dps) or 2.2 x 10" disinte- 
grations per minute (dpm), except as provided in Rules .0423 and .0424 of this Chapter. Com- 
monly used multiples and sub-multiples of the curie(Ci) are kilocurie (lkCi= 1000 Ci). mullicurie 
(lmCi = 0.001 Ci = 3.7 x ID" dps or 2.22 x 10' dpm) and microcuric (1 microcurie = 0.000001 Ci 
= 3.7 x 10 4 dps or 2.22 x 10" dpm). 

(13) "Decommission" means to remove (as a facility) safclv from service and reduce residual radio- 
aetiv ltv to a level thai permits release o[ lt]£ property tor unrestricted use and termination of the 
license. 



( 14) (44+ "Department" means the North Carolina Department of Environment. 1 lealth. and Natural 
Human Resources. 

(15) (4-4+ "Depleted uranium" means the source material uranium in which the isotope uranium-235 
is less than 0.71 1 weight percent of the total uranium present. Depleted uranium does not include 
special nuclear material. 

f 16) »4-54 "Dose" means, for the purposes of these Regulations, absorbed dose or dose equivalent as 
appropnate. 

( E 7 ) (444 "Dose, absorbed" is the energy imparted to matter by ionizing radiation per unit mass of 
irradiated material at the place of interest. The special unit of absorbed dose is the rad. 

(18) (444 "Dose commitment" means the total radiation dose to a part of the body that will result from 
retention in the body of radioactive material. Eor purposes of estimating the dose commitment, 
it is assumed that from the time of intake the period of exposure to retained material will not ex- 
ceed 50 years. 

( I'M (4-J>4 "Dose equivalent" means a quantity that expresses on a common scale for all radiations, a 
measure ot the biological effect on a given organ or organism. It is defined as the absorbed dose 
multiplied by certain modifying factors. The unit of dose equivalent is the rem. 

(20) (4% "Equipment services" means the selling, installation, rebuilding, conversion, repair, in- 
spection, testing, survey or calibration of equipment which can affect compliance with these Reg- 
ulations by a licensee or registrant. 

(21 ) (-40-)- "hxposure" means the quotient of dQ by dm where dQ is the absolute value of the total 
charge of the ions of one sign produced in air when all the electrons (both positive and negative) 
liberated by photons in a volume element of air having mass dm are completely stopped in air. 
A special unit of exposure is the roentgen (R). 

( 22) (44-+ "Fxposure rate" means the exposure per unit of time, such as R min and mR h. 



136S 6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(23) (33+ "Gray", symbolized Gy, means an alternative special unit of dose, such that the energy de- 
position is 1 joule (J) per kilogram (kg) of irradiated material. Multiples and sub-multiples such 
as kilograv (kGy) = 1000 Gy, or cGy = 0.01 Gy, etc., may be used. Note that 1 cGy = 1 rad. 

(24) (34+ "High radiation area" means any area, accessible to individuals, in which there exists 
radiation(s) at such levels that a major portion of an individual's body could receive in any one 
hour a dose equivalent in excess of 100 millirems. 

(25) (34+ "Hospital" means a facility that provides as its primary functions diagnostic services and in- 
tensive medical and nursing care in the treatment of acute stages of illness. 

(26) (35) "Human use" means the internal or external administration of radiation or radioactive ma- 
terials to human beings. 

(27) (36+ "Individual" means any human being. 

(28) (3?+ "Inspection" means an official examination or observation to determine compliance with 
rules, regulations, orders, requirements and conditions of the agency or the Commission. 

(29) (344 "License", except where otherwise specified, means a license issued pursuant to Section .0300 
of this Chapter. 

(30) (30+ "I icensee" means any person who is licensed by the agency pursuant to Section .0300 of this 
Chapter. 

(31) (44+ "Licensing state" means any state with regulations equivalent to the Conference of Radiation 
Control Program Directors, Inc. Suggested State Regulations for Control of Radiation relating 
to, and an effective program for, the regulatory control of naturally occurring and accelerator 
produced radioactive material (NARM) and so designated as such by the Conference of Radiation 
Control Program Directors, Inc. I nless the context clearly indicates otherwise, use of the term 
Agreement State in this Chapter shall be deemed to include licensing state with respect to NARM. 

(32) (444 "Misadministration" means the administration of: 

(a) a radiopharmaceutical or source of radiation other than the one intended; 

(b) a radiopharmeceutical or radiation to the wrong patient; 

(c) a radiopharmaceutical or radiation by a route of administration other than that intended by the 
prescribing physician: 

(d) a diagnostic dosage of a radiopharmaceutical or source of radiation differing from the prescribed 
dosage by more than 50 percent; 

(e) a therapy dosage of a radiopharmaceutical differing from the prescribed dosage by more than ten 
percent: or 

(f) a therapy radiation dose from a source of radiation such that errors in the source calibration, time 

of exposure, or treatment geometry result in a calculated total treatment dose differing from the 
final prescribed total treatment dose by more than ten percent. 

(33) (43+ "Mobile nuclear medicine service" means the transportation and medical use of radioactive 
material. 

(34) (44+ "Natural radioactivity" means radioactivity of naturally occurring nuclides. 

(i5) (44+ "Occupational dose" means the dose received in a restricted area or in the course of em- 
ployment in which an individuals duties involve exposure to radiation: provided that occupational 
dose shall not be deemed to include any dose received by the individual when undergoing medical 
diagnosis or medical therapy. 

(36) (44+ "Particle accelerator" means any machine capable of accelerating electrons, protons, 
deuterons. or other charged particles. 

(37) (46+ "Person" means any individual, corporation, partnership, firm, association, trust, estate, 
public or private institution, group, agency, political subdivision of this state, any other state or 
political subdivision or agency thereof, and any legal successor, representative, agent or agency of 
these entities. 

(35) (44+ "Personnel monitoring equipment" means devices, such as film badges, pocket dosimeters, 
and thermoluminescent dosimeters, designed to be worn or carried by an individual for the purpose 
of estimating the dose received by the individual. 

(39) (44+ "Pharmacist" means an individual licensed by this state to compound and dispense drugs, 
prescriptions and poisons. 

(40) (4U+ "Physician" means an individual currently licensed to practice medicine in tliis state. 

(41 ) (4(4+ "Rad" means a special unit of measure for absorbed dose. One rad corresponds with the 
absorption of 100 ergs of energy per gram of irradiated material at the point of interest. See also 
"Gray" in Subparagraph (22) of this Rule. 



6:18 NORTH CAROLINA REGISTER December 16, 1991 1169 



PROPOSED RULES 



(42) (44-4 "Radiation" means ionizing radiation and includes: gamma rays, x-rays, alpha and beta 
particles, high speed electrons, neutrons, high speed protons and other nuclear particles. 

( 43 ) (4-1+ "Radiation area" means any area, accessible to individuals, in which there exists radiation 
at such levels that, a major portion of the body could receive in any one hour a dose in excess of 
five millirems. or in any five consecutive days a dose in excess of 100 millirems. 

1 44) (-44-} "Radiation machine" means any device capable of producing radiation except devices which 
produce radiation only from radioactive material. 

1 45) (444 "Radiation safety officer" means one who has the knowledge and responsibility to apply 
appropnate radiation protection regulations. 

(46) (4-54 "Radioactive material" means any material, solid, liquid, or gas, which emits radiation 
spontaneously. 

(4"7) (44>4 "Radioactive waste disposal facility" means any low-level radioactive waste disposal facility, 
as defined in G.S. 104E-5(9c), established for the purpose of receiving low-level radioactive waste, 
as defined in Rule .1202 of this Chapter, generated by another licensee for the purpose of disposal. 

(4S) (4^4 "Radioactive waste processing facility" means any low-level radioactive waste facility, as 
defined in G.S. 104F-5(9b), established tor the purpose of receiving waste, as defined in Subpara- 
graph (72) of this Rule, generated by another licensee to be stored, compacted, incinerated or 
treated. 

(4*-)) ( i s 1 . ) "Radioactivity" means the disintegration of unstable atomic nuclei by emission of radiation. 

[5')) f-W-f "Registrant" means any person who is registered with the agency as required by provisions 
ot these Regulations oi the Vet 

( 51 1 (-5U4 "Registration" means registration with the agency in accordance with these Regulations. 

( 52) (44-4 "Regulations of the U.S. Department of Transportation" means the regulations in 4 l ) CFR 
Parts 100-189. 

(53) (-524 "Rem" means a measure of the dose equivalent delivered by any radiation to body tissue, 
expressed in terms of its estimated biological effect relative to the effect of the dose resulting from 
irradiation of the tissue by one roentgen ( 1R) of x-rays. One millirem (mrem) equals 0.001 rem. 
For the purpose of these Regulations any of the following is considered to be equivalent to one 
rem: 

(a) The dose received when the exposure is one roentgen ( 1R) of x- or gamma- radiation; 

(b) An absorbed dose of one rad due to x-. gamma-, or beta- radiation; 

(c) A dose of 0.1 rad due to neutrons or high energy protons: 

(d) A dose of 0.05 rad due to particles heavier than protons and with sufficient energy to reach the 
lens of the eye; 

(e) If it is more convenient to measure the neutron flux, or equivalent, than to determine the neutron 
dose in rads. as provided in Subparagraph (49)(c) of this Rule, one rem ot neutron radiation 
may. for purposes of these Regulations, be assumed to be equivalent to 14 million neutrons per 
square centimeter incident upon the body; or. if there exists sufficient information to estimate 
with reasonable accuracy the approximate distribution in energy of the neutrons, the incident 
number of neutrons per square centimeter equivalent to one rem may be estimated from the 
following table: 



1370 6:1S NORTH CAROLINA RE(,ISTER December 16, 1991 



PROPOSED RULES 



neutron enenjv 
(McV) 



Neutron Ilux Dose Equivalents 

number of neutrons per square 
centimeter equivalent to a dose of 
1 rem (neutrons/cm 2 ) 



average flux to deliver 
100 millirem in 40 hrs. 
(neutrons/ cm 2 per 
sec.) 



Thermal 

0.000 1 

0.005 

0.02 

0.1 

0.5 

1.0 

2.5 

5.0 

7.5 

10.0 

10 to 30 



970x 


10 6 


720 x 


10 6 


820 x 


10" 


400 x 


10 6 


120 x 


10 6 


43 x 


11)'' 


26 x 


10 6 


29 x 


10" 


26 x 


10" 


24.x 


10 6 


24 x 


10" 


14 x 


10" 



670 

500 

570 

280 

80 

30 

IX 

20 

18 

17 

17 

10 



(54) <r^M "Research and development'' means: 

(a) theoretical analysis, exploration, or experimentation; or 

(b) the extension of investigative findings and theories of a scientific or technical nature into practical 
application for experimental and demonstration purposes, including the experimental production 
and testing of models, devices, equipment, materials, and processes. 

Research and development does not include the internal or external administration of radiation or 
radioactive material to human beings. 

(55) (44-)- "Restricted area" means any area, access to which is controlled by a licensee or registrant for 
purposes of protection of individuals from exposure to radiation and radioactive materials. Re- 
stricted area shall not include any areas used for residential quarters, although a separate room or 
rooms in a residential building may be set apart as a restricted area. 

(56) f4?-)- "Roentgen" (R) means the special unit of exposure. One roentgen equals 2.58 x (1/10" 4 ) 
coulombs kilogram of air. 

(57) (-56) "Sealed Source" means radioactive material that is permanently bonded, fixed or 
encapsulated so as to prevent release and dispersal of the radioactive material under the most severe 
conditions which are Likely to be encountered in normal use and handling. 

(58) (Sty "Source material" means: 

(a) uranium or thorium, or any combination thereof, in any physical or chemical form; or 

(b) ores which contain by weight 0.05 percent or more of uranium, thorium, or any combination 
thereof. Source material does not include special nuclear material. 

(59) f5&) "Source of radiation" means any radioactive material, or any device or equipment emitting 
or capable of producing radiation. 

( 60 ) (-5% "Special form radioactive material" means radioactive material which satisfies the following 
conditions: 

(a) It is either a single solid piece or is contained in a scaled capsule that can be opened only by 
destroying the capsule: 

(b) The piece or capsule has at least one dimension not less than five millimeters (0.197 inch); and 

(c) It satisfies the test requirements specified by the U.S. Nuclear Regulator}" Commission and the 
tests prescribed in Rule .0114 of this Section. A special form encapsulation designed in ac- 
cordance with the U.S. Nuclear Regulatory Commission requirements in effect on June 30, 
1984, and constructed prior to July 1, 1985, may continue to be used. A special form 
encapsulation either designed or constructed after June 30, 1985, must meet requirements of this 
definition applicable at the time of its design or construction. 

(61 ) (-W4) "Special nuclear material in quantities not sufficient to form a critical mass" means uranium 
enriched in the isotope uranium-235 in quantities not exceeding 350 grams of contained 
uranium-235; uranium-233 in quantities not exceeding 200 grams; plutonium in quantities not 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1371 



PROPOSED RULES 



exceeding 200 grams; or any combination of uranium-235. uranium enriched in uranium-235 and 
plutonium in accordance with the following formula: For each kind of special nuclear material, 
determine the ratio between the quantity of that special nuclear material and the quantity specified 
in this Rule for the same kind of special nuclear material. The sum of these ratios for all the kinds 
of special nuclear material in combination shall not exceed unity. For example, the following 
quantities in combination would not exceed the limitations and are within the formula, as follows: 

175 (grams contained 1-235) + 50 (grams I '-23.3) +50 (grams Pu) 

less than or equal to 1 . 
350 200 200 

(62) (44-t- "State" means the State of North Carolina. 

(63) (-63} "Survey" means an evaluation of the production, use. release, disposal, or presence of sources 
of radiation under a specific set of conditions to determine actual or potential radiation hazards. 

(64) (-63-) "These Regulations" and "these Rules" means Chapter 1 1 of this Title. 

(65) (4+4+ "Type A quantity" means a quantity of radioactive material, the aggregate radioactivity of 
which does not exceed A | for special form radioactive material or At for normal form radioactive 
material, where A] and A 9 are given in Rule .01 13 of this Section or may be determined by pro- 
cedures described in Rule .01 13 of this Section. All quantities of radioactive material greater than 
a Type A quantity are Type B. 

(66) (-654 "U.S. Department of Fnergy" means the Department of Fncrgy established by Public Law 
95-91. August 4. 1977, 91 Stat. 565. 42 U.S.C. 7101 et seq.. to the extent that the department ex- 
ercises functions formerly vested in the U.S. Atomic Fnergy Commission, its chairman, members, 
officers and components and transferred to the U.S. Fnergy Research and Development Admin- 
istration and to the administrator thereof pursuant to sections 104(b), (c) and (d) of the Energy 
Reorganization Act of 1974 (Public law 93-438, October 11, 1974, 88 Stat. 1233 at 1237, effective 
January 19, F)75) and retransferred to the Secretary of Energy pursuant to section 301(a) of the 
Department of Energy Organization Act (Public Faw 95-91, August 4, 1977, 91 Stat. 565 at 
577-578. 42 U.S.C. 7151. effective October 1, 1977.) 

(67) (-66) "Unrefined and unprocessed ore" means ore in its natural form prior to any processing, such 
as grinding, roasting, beneficiating, or refining. 

(frN) f-6^4 "Unrestricted area" means any area access to which is not controlled by a licensee or regis- 
trant for purposes of protection of individuals from exposure to radiation and radioactive materials, 
and any area used for residential quarters. 

( 69 ) (4J>4 "Worker" means an individual engaged in work under a license or registration issued by the 
agency and controlled bv a licensee or registrant, but does not include the licensee or registrant. 

(70) (49> "Class A Waste" i's defined in Rule" .0425(a)( 1) of this Chapter. 
(.71) 6744+ "Class B Waste" is defined in Rule .0425(a)(2) of this Chapter. 
(72) (-34-) "Class C Waste" is defined in Rule .0425(a)(3) of this Chapter. 

U3) (-3-5-) "Waste" means low -level radioactive waste as defined in G.S. 104E-5(9a) and includes li- 
censed naturally occurring and accelerator produced radioactive material which is not subject to 
regulation by the U.S. Nuclear Regulatory Commission under the Atomic Fnergy Act of 1954, 
as amended, except as defined differently in Rule .1202 of this Chapter. 

("4) (-34+ "Toxic or Hazardous Constituent of the Waste" means the nonradioactive content of waste 
which, notwithstanding the radioactive content, would be classified as "hazardous waste" as de- 
fined in 15A NCAC 10F .0002(a). 

Statutory Authority G.S. I04E-7(2). 

.(II II COMMl MCATIONS 

All communications and reports concerning Statutory Authority G.S. 104 E-7. 
these Regulations, and applications filed there- 
under, shall be addre^^d mailed to to the agency SECTION .0200 - REGISTRATION OF 
at Division of Radiation Protection. P. 0_ Box RADIATION MACHINES: FACILITIES AND 
2768-. Raleigh. North Carolina 27611-7687 or SERVICES 



delivered to the agency at its office located at 



3825 Barrett ^+ Harbour Drive. Raleigh, North 0203 APPLICATION: REGISTRATION: 

Ca^lml2T603 200S 27609-7221. R NATION M WHINES: FACILITIES 



1372 6:IS SORTH CAROLISA REGISTER December 16, 1991 



PROPOSED RULES 



(a) Fach person having an unregistered radi- 
ation maehine or facility shall: 

(1) apply for registration of such facility and 
each radiation machine within 30 days fol- 
lowing initial operation of that facility and 
each radiation machine. Application for 
registration shall be completed on agency 
forms and shall contain all information re- 
quired by the forms and accompanying in- 
structions. The registration of the first 
radiation machine at a facility constitutes 
registration of the facility itself. 

(2) designate on the application form an indi- 
vidual who shall be responsible for radiation 
protection. 

(b) Agency forms D¥& UW^ *W^ *W4 gV 
scribed in Subparagraph fa) ( 1) of this Rule re- 
quire the following and other information: 

( 1) name, address and telephone number of the 
radiation machine facility; 

(2) name of the person responsible for radiation 
protection in the facility; 

(3) name, training and experience of the person 
desi'_mated in Subparagraph (a)(2) of this 
Rule; 

(4) the manufacturer, model number, serial 
number and type of each radiation machine 
located within the facility: 

(5) the date of the application and the signa- 
tures of the persons specified in Subpara- 
graphs (b)(2) and (3) of this Rule. 

Statutory Authority G.S. 104E-7. 

.0205 APPLICATION FOR REGISTRATION 
OF SERVICES 

(a) Each person who is engaged in the business 
of installing or offering to install radiation ma- 
chines and machine components or is engaged in 
the business of furnishing or offering to furnish 
any equipment services listed in Paragraph (d) 
of this Rule in this state, to any agency licensee 
or registrant, shall apply for registration of such 
services with the agency within 30 days following 
the amended effective date of this Rule or there- 
after prior to furnishing or offering to furnish any 
of these services. 

(b) Application for registration shall be com- 
pleted on appropriate form(s) provided hv the 
agency form BIS 5101 and shall contain all in- 
formation required by the agency as indicated on 
the form and accompanying instructions. This 
information shall include: 

( 1 ) the name, address and telephone number 
of: 

(A) the individual or the company to be 
registered; 

(B) the owner(s) of the company; 



(2) the description of the services to be pro- 
vided; 

(3) the name, training and experience of each 
person who provides services specified in 
(d) of this Rule: 

(4) the date of the application and the signa- 
ture of the person responsible for the 
company; and 

(5) any additional information the agency de- 
termines to be necessary 7 for evaluation of 
the application for registration. 

(c) Each person applying for registration under 
Paragraph (a) of this Rule shall certify that he 
has read and understands the requirements of the 
Rules in this Chapter. 

(d) For the purpose of this Section, equipment 
services arc: 

( 1 ) direct sale and transfer of radiation ma- 
chines and machine components to end 
users: 

(2) installation or servicing of radiation ma- 
chines and associated radiation machine 
components; 

(3) diagnostic radiographic facility and 
shielding design; 

(4) diagnostic fluoroscopic facility and 
shielding design: 

(5) diagnostic area radiation survey, e.g., 
shielding evaluation; 

(6i radiation instrument calibration; 

(7) therapeutic facility and shielding design, 
area radiation survey or calibration; 

(8) personnel dosimetry services: 

(9) general health physics consulting, e.g., 
independent diagnostic radiation output 
measurements, dose analysis, design of 
safety programs and radiation safety 
training programs, non-healing arts facility 
and shielding design and area radiation 
surveys; and 

(10) such other equipment services which can 
affect compliance with these Regulations 
by a licensee or registrant, as determined 
by the agency. 

(e) Applicants for registration of services are 
subject to the applicable requirements of Rules 
.0213 and .0214 of this Section. 

Statutory Authority G.S. I04E-7. 

SECTION .0300 - LICENSING OF 
RADIOACTIVE MATERIAL 

.0301 PURPOSE AND SCOPE 

(a) This Section provides for the licensing of 
radioactive material. No person shall receive, 
possess, use, transfer, own or acquire radioactive 
material except as authorized in a specific or 



6:1S NORTH CAROLINA REGISTER December 16, 1991 



1373 



PROPOSED RULES 



general license issued pursuant to. or as otherwise 
provided in. this Section. 

(b) In addition to the requirements of this 
Section. 

( 1 ) All licensees are subject to the require- 
ments of Sections .0400 and .1000 of this 
Chapter, except as otherwise provided in 
the Rules of this Section; 

(2) Licensees engaged in industrial 
radiographic operations arc subject to the 
requirements of Section .0500 of this 
Chapter; 

(3) licensees using sealed sources in the 
healing arts are subject to the require- 
ments of Section .0700 of this Chapter; 

(4) Licensees engaged in the operation of ra- 
dioactive waste disposal facilities are sub- 
ject to the requirements of Section .1200 
of this Chapter: and 

(5) Licensees engaged in well-logging oper- 
ations are subject to the requirements of 
Section .1300 of this Chapter. 

(c) In addition to the requirements of this Sec- 
tion, all licensees are subject to the annual fee 
provisions contained in Section .1100 of this 
Chapter. 

(d) The Rules in this Section do not apply to 
persons licensed pursuant to the Rules in Section 
. 1200 of this Chapter except as specifically pro- 
\ ided otherwise in Section . 1200. 

Statutory Authority G.S. 104E-7; 104E-9(8); 
104E-I0(b); 104E-19. 

.0307 GENERAL LICENSES: SOURCE 
MATERIAL 

(a) A general license shall be issued authorizing 
use and transfer of not more than fifteen (15) 
pounds of source material at any one time by 
persons in the following categories: 

( 1 ) pharmacists using the source material 
solely for the compounding of medicinals; 

(2) physicians using the source material for 
medicinal purposes; 

(3) persons receiving possession of source 
material from pharmacists and physicians 
in the form of medicrnals or drugs; 

(4) commercial and industrial linns, and re- 
search, educational, and medical insti- 
tutions, and state and local governmental 
agencies for research, development, edu- 
cational, commercial or operational pur- 
poses. 

(b) Pursuant to this general license no person 
shall receive more than a total of 150 pounds of 
source material in any one calendar year. 

(c) Persons who receive, possess, use. or trans- 
fer source material pursuant to the general license 



issued in (a) of this Rule are exempt from the 
provisions of Sections .0400 and .1000 of this 
Chapter to the extent that the receipt, possession, 
use, or transfer is within the terms of the general 
license, provided that this exemption shall not 
be deemed to apply to any person who is also in 
possession of source material under a specific li- 
cense issued pursuant to the rules in this Section. 

(d) A general license shall be issued authorizing 
the receipt of title to source material without re- 
gard to quantity. This general license does not 
authorize any person to receive, possess, use, or 
transfer source material. 

(e) A general license shall be issued to receive, 
acquire, possess, use, or transfer in accordance 
with the provisions of Subparagraphs (e)(2), (3), 
(4) and (5) of this Rule, depleted uranium con- 
tained in industrial products or devices for the 
purpose of providing a concentrated mass in a 
small volume of the product or device. 

(1) The general license in (e) of this Rule ap- 
plies only to industrial products or devices 
which have been manufactured either in 
accordance with a specific license issued 
to the manufacturer of the products or 
devices pursuant to Rule .0336 of this 
Section or in accordance with a specific 
license issued to the manufacturer by the 
L ,S. Nuclear Regulatory Commission or 
an agreement state which authorizes 
manufacture of the products or devices for 
distribution to persons generally licensed 
by the U.S. Nuclear Regulatory Com- 
mission or an agreement state. 

(2) Persons who receive, acquire, possess, or 
use depleted uranium pursuant to the 
general License established by Paragraph 
(e) of this Rule shall file agency form 
DPS 5212. ' Registration Certificate - J— *» 
t4 Depleted Cranium I nder General L-t- 
cenr i o". with the agency appropriate 
fprm(s) provided by the agency. The 
form shall be submitted within 30 days 
after the first receipt or acquisition of such 
depleted uranium. The registrant shall 
furnish on appropriate form(s) provided 
by the agency k*«w DI S 5212 the fol- 
lowing information and such other infor- 
mation as may be required by that form: 

(A) name and address of the registrant; 

(B) a statement that the registrant has de- 
veloped and will maintain procedures de- 
signed to establish physical control over 
the depleted uranium described in (e) of 
this Rule and designed to prevent transfer 
of such depleted uranium in any form, 
including metal scrap, to persons not au- 



1374 



6:1S NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



thorizcd to receive the depleted uranium; 
and 
(C) name, title, address, and telephone 
number of the individual duly authorized 
to act for and on behalf of the registrant 
in supervising the procedures identified in 
Subparagraph (e)(2)(B) of this Rule. 

(3) The registrant possessing or using depleted 
uranium under the general license estab- 
lished by 1'aragraph (e) of this Rule shall 
report in writing to the agency any 
changes in information furnished by him 
on the appropriate form(s) provided by 
the agency, form DIS 5212, "Regir . tm 
t+t-H* Certificate - - J-s*» ef IX ' pK ' tcd I ru 
nium I ndi ' r General 1 icem . e". The 
report shall be submitted within 30 days 
after the effective date of such change. 

(4) A person who receives, acquires, pos- 
sesses, or uses depleted uranium pursuant 
to the general license established by (e) of 
this Rule shall: 

(A) not introduce such depleted uranium, 
in any form, into a chemical, physical, or 
metallurgical treatment or process, except 
a treatment or process for repair or resto- 
ration of any plating or other covering of 
the depleted uranium; 

(B) not abandon such depleted uranium; 

(C) transfer or dispose of such depleted 
uranium only by transfer in accordance 
with the provisions of Rule . 1 )3 1 1 Rule 
.11343 of this Chapter Section; 

(i) In the case where the transferee re- 
ceives the depleted uranium pursuant to 
the general license established by Para- 
graph (e) of this Rule, the transferor 
shall furnish the transferee a copy of 
this regulation Rule and a copy of the 
appropriate agency torm Dl'S 5212 de- 
scribed in Subparagraph (e)(2) of this 
Rule; 
(ii) In the case where the transferee re- 
ceives the depleted uranium pursuant to 
a general license contained in the U.S. 
Nuclear Regulatory Commission or 
agreement state regulations equivalent 
to Paragraph (e) of this Rule, the 
transferor shall furnish the transferee a 
copy of this regulation Rule and a copy 
ot the appropriate agency form 
DIN 521 2 accompanied by a note ex- 
plaining that use of the product or de- 
vice is regulated by the U.S. Nuclear 
Regulatory Commission or agreement 
state under requirements substantially 
the same as those in this Rule; 



(D) within 30 days of any transfer, report 
in writing to the agency the name and 
address of the person receiving the de- 
pleted uranium pursuant to such transfer; 

(E) not export such depleted uranium ex- 
cept in accordance with a license issued 
by the U.S. Nuclear Regulatory- Commis- 
sion pursuant to 10 CFR Part 1 10. 

(5) Any person receiving, acquiring, possess- 
ing, using, or transferring depleted ura- 
nium pursuant to the general license 
established by (e) of this Rule is exempt 
from the requirements of Sections .0400 
and .1000 of this Chapter with respect to 
the depleted uranium covered by that 
general license. 

Statutory Authority G.S. I04E-7; 104E- 10( b ). 

.0316 GENERAL LICENSES: 
TRANSPORTATION 

(a) Except for persons exempt from these 
Regulations pursuant to Rule .0106(b) and (c) 
of this Chapter, a general license is hereby is>ued 
to any common, contract or other earner to 
transport and store radioactive material in the 
regular course of their carriage for another or 
storage incident thereto; provided the transpor- 
tation and storage is in accordance with the ap- 
plicable requirements of the regulations 
appropriate to the mode of transport of the U.S. 
Department of Transportation in 49 CFR Part 
170-189 and the U.S. Postal Service in the 
Postal Service Manual, Domestic Mail Manual, 
Section 111.1, 1974; insofar as, such regulations 
relate to the packaging of radioactive material, 
marking and labeling of the package, loading and 
storage of packages, placarding of the transpor- 
tation vehicle, monitoring requirements and ac- 
cident reporting. Any common, contract or 
other carrier transporting nuclear waste or spent 
nuclear fuel under this general license shall com- 
ply with the provisions in (c) of this Rule. Per- 
sons who transport and store radioactive material 
pursuant to the general license in this Paragraph 
are exempt from the requirements of Sections 
.0400 and .1000 of this Chapter. 

(b) Except for persons exempt from these 
Regulations pursuant to Rule .0106(b) and (c) 
of this Chapter, a general license is hereby issued 
to any private carrier to transport radioactive 
material; provided, the transportation is in ac- 
cordance with the applicable requirements of the 
regulations, appropriate to the mode of transport 
of the U.S. Department of Transportation in 49 
CFR Part 170-189 and the U.S. Postal Service in 
the Postal Service Manual, Domestic Mail Man- 
ual, Section 111.1, 1974; insofar as. such rcgu- 



6:l,S NORTH CAROLINA REGISTER December 16, 1991 



1375 



PROPOSED RULES 



lations relate to the packaging, loading and 
storage of packages, placarding of the transpor- 
tation vehicle, monitoring requirements and ac- 
cident reporting. The following exemptions and 
requirements shall apply to transportation of ra- 
dioactive material under this general license: 

( 1 ) Persons who transport radioactive material 
pursuant to the license in (b) of this Rule 
are exempt from the requirements in 
Sections .0400 and .1000 of this Chapter 
to the extent that they transport radioac- 
tive material. Any notification of inci- 
dents referred to in those requirements 
shall be tiled with, or made to, the agency. 

(2) Physicians, as defined in Rule .0104(36) 
of this Chapter, are exempt from the re- 
quirements in (b) of this Rule to the ex- 
tent that they transport in their private 
vehicle radioactive material for use in the 
practice of medicine. 

(3) Any person who transports nuclear waste 
within or through this state under this 
general license shall comply with the pro- 
visions in (c) of this Rule. 

(c) No carrier shall transport within or through 
this state any nuclear waste or spent nuclear fuel 
unless the shipper has notified the "governor's 
designee" in accordance with the requirements 
of 10 CPR Part 71.5(h) 71.97 for nuclear waste 
and 10 CFR 73.37(f) for spent nuclear fuel. The 
governor's designee and contact information is 
as follows: 

(1) designee: N.C. Highway Patrol Head- 
quarters, Operations Officer: 

(2) mailing address: P.O. Box 32686 27687, 
Raleigh. North Carolina 27611 ~b*b 
276H-76S7: 

(3) telephone 419 733-4030 from S a.m. to 5 
p.m. workdays and 919 733-3861 all other 
times. 

(d) As used in (a) through (d) of this Rule: 

( 1 ) "Shipment" means any single vehicle car- 
rying one or more containers of nuclear 
waste. 

(2) "Nuclear Waste" means: 

(A) any large quantity of radioactive mate- 
rial required by 10 CFR Part 71 to be in 
Type B packaging while transported 
within or through this state to a disposal 
site, or to a collection point for transport 
to a disposal site: or 

(B) any large quantity of irradiated fuel re- 
quired by 10 CFR Part 71 to be in Type 
B packaging while transported within or 
through tlus state irrespective of destina- 
tion if the quantity of irradiated fuel is less 
than that subject to advance notification 
requirements of 10 CFR Part 73. 



(3) "Spent Nuclear Fuel" means a quantity 
of irradiated reactor fuel in excess of 100 
grams in net weight of irradiated fuel ex- 
clusive of cladding or other structural or 
packaging material which has a total ex- 
ternal radiation dose rate in excess of 100 
rems per hour at a distance of three feet 
from any accessible surface without inter- 
vening shielding. 

Statutory Authority G.S. 104E-7; 104E-10(b); 
I04E- 15(a); 20-167.1. 

.0317 SPECIFIC LICENSES: FILING 
APPLICATION AND GENERAL 
REQUIREMENT 

(a) Applications for specific licenses shall be 
tded on an agency form. Completed applications 
shall include the following information and other 
information required by the agency form: 

( 1 ) name, address and use location of the ap- 
plicant: 

(2) training and experience of radioactive ma- 
terial users and of the person responsible 
for radiation protection: 

(3) types, quantities and uses of radioactive 
materials; 

(4) description of facilities, equipment and 
safety program; 

(5) procedures for disposal of radioactive ma- 
terial. 

(b) The agency may at any time after the filing 
of the original application, and before the expi- 
ration of the license, require further statements in 
order to enable the agency to detennine whether 
the application should be granted or denied or 
whether a license should be modified or revoked. 

(c) Fach application shall be signed by the ap- 
plicant or licensee or a person duly authorized to 
act on his behalf. 

(d) An application for a license may include a 
request for a license authorizing one or more ac- 
tivities. 

(e) Applications and documents submitted to 
the agency may be made available for public in- 
spection except as may be determined otherwise 
by the agency pursuant to the provisions of G.S. 
104F-9(4) which is hereby adopted by reference 
pursuant to G.S. 15UB- 14(c). 

(f) A license application will be approved if the 
agency detenriines that: 

(1) the applicant is qualified by reason of 
training and experience to use the material 
in question for the purpose requested in 
accordance with these Regulations in such 
a manner as to minunize danger to public 
health and safety or property: 



1376 



6: IS NORTH CAROLINA RE(,ISTER December 16, 1991 



PROPOSED RULES 



(2) the applicant's proposed equipment, facil- 
ities, and procedures are adequate to pro- 
tect public health from radiation hazards 
and minimize radiological danger to life 
or property; 

(3) the issuance of the license will not be 
inimical to the health and safety of the 
public; and 

(4) the applicant satisfies am applicable spe- 
cial requirements in Rules .0318 to .0336 
of this Section. 

(g) As provided hv Rule .0353 of this Section, 
certain applications for specitie licenses tiled un- 
der this Section must contain a proposed de- 
commissioning funding plan or a certification of 
financial assurance lor decommissioning, hi the 
case of renewal applications submitted before the 
effective date of this Rule, this submittal mav 
follow the renewal application but must be sub- 
mitted on or before the effective date of this 
Rule. 

Statutory Authority G.S. 104E-7; 104E- 10(b); 
104E-12. 

.0338 SPECIFIC TERMS AND CONDITIONS 
OF LICENSES 

(a) Each license issued pursuant to this part 
shall be subject to all the provisions of the Act. 
now or hereafter in effect, to all rules and regu- 
lations adopted pursuant to provisions of the Act 
and to orders of the agency. 

(b) No license issued or granted pursuant to 
this Section and no right to possess or utilize ra- 
dioactive material granted by any license issued 
pursuant to this Section shall be transferred, as- 
signed, or in any manner disposed of, either vol- 
untarily or involuntarily, directly or indirectly, 
through transfer of control of any license to any 
person unless the agency, after securing full in- 
formation, finds that the transfer is in accordance 
with the provisions of the Act. and gives its con- 
sent in writing. 

(c) Each person licensed by the agency pursu- 
ant to this Section shall confine his use and pos- 
session of the radioactive material licensed to the 
locations and purposes authorized in the license. 

(d) bach licensee shall notify the agency in 
writing immediately following the filing of a vol- 
untary or involuntary petition for bankruptcy 
under any Chapter of Title 11 (Bankruptcy) o( 
the I nited States Code by or against: 

( 1 ) licensee: 

(2) an entity [as that term is defined in 1 1 
U.S.C. 101(14)] controlling the licensee 
or listing the license or licensee as prop- 
erty of the estate; or 



(3) an affiliate (as that term is defined in 1 1 
U.S. C. 101(2)1 of the licensee. 

(e) The notification in (d) of this Rule shall 
indicate: 

( 1 ) the bankruptcy court in which the petition 
for bankruptcy was filed; and 

(2) the date of the filing of the petition. 

(f) 1 icensees required to submit emergency 
plans pursuant to Rule .0332 of this Section shall 
follow the emergency plan approved hv the 
agencv. I he licensees mav change the approved 
plan without agencv approval only if the changes 
do not decrease the effectiveness of the plan and 
are submitted to the agencv as soon as practical. 

The licensee shall furnish the change to affected 
olfsite response organizations within six months 
alter the change is made. Proposed changes that 
decrease, or potentially decrease, the effectiveness 
of the approved emergency plan mav not he im- 
plemented without prior application to and prior 
approval hv the agency. 

Statutory Authority G.S. I04E-7; I04E-I0(b). 

.0339 EXPIRATION AND TERMINATION 
OF LICENSES 

(a) Except as provided in Rul e . <> 34 1(b) Rule 
.0340(b) of this Section, each specific license shall 



expire at the end of the day, in the month and 
year stated therein in the license. 

(b) bach licensee shall notify the agencv 
promptly, in writing, and request termination of 
the license w hen the licensee decides to terminate 
all activities involving materials authorized under 
the license. 1 his notification and request for 
termination of the license must include the re- 
ports and information specified in Subparagraphs 
(c) (4) and (5) of this Rule and a plan for com- 
pletion (M decommissioning U required hv Para- 
graph (d) o\_ tins Rule or bv_ a license condition. 

(c) H_ a licensee does not submit an application 
lor license renewal pursuant to Rule .03411 of this 
Section, the licensee shall on or before the expi- 
ration date specified in the license: 

( 1 ) terminate use of radioactive material: 



( 2) remove radioactive contamination to the 
extent practicable except for those proce- 
dures covered bv Paragraph (d | of this 
Rule; 

(3) properly dispose of radioactive material: 

(4) submit a completed "Certificate of Dis- 



position 

tion concerning 

materials: and 



form, winch certifies informa- 



tive disposition of 



(5) conduct a radiation survey o[ the premises 
vv here the licensed activities were carried 
out and submit a report <A. the results of 
this survey, unless the licensee demon- 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1177 



PROPOSED RULES 



strati's that the premises are suitable for 
release tor unrestricted use m some other 
manner. The licensee shall, as appropri- 
ate: 
I A I report levels of radiation in units of 
mierorads per hour of beta and gamma 
radiation at one centimeter and gamma 
radiation at one meter from surfaces: 



(B) report levels of radioactivity, including 

alpha, beta and gamma emitters, in units 
of disintegrations per minute (or 
microcuncs) per 100 square centimeters 
removable and li xed for surfaces, 
microcuncs per milliter for water, and 
picocuries per gram for solids such as soils 
or concrete; and 

(C) specify the survey instrument(s) used 
and certify that each instrument is prop- 
erly calibrated and tested. 

(d) In addition to the information required 
under Subparagraphs (c) (4) and (5) of this Rule. 
the licensee shall submit a plan tor completion 
of decommissioning if the procedures necessary 
to cam out decommissioning have not been 
pre\ loush approved hv the agency and could in- 
crease potential health and safety impacts to 
workers or to the public health such as in any of 
the following cases: 

( 1 ) procedures would involve techniques not 
applied routineh durina cleanup or main- 
tenance operations: or 
(2) workers would be entering areas not 
normally occupied where surface contam- 
mation and radiation levels are signif- 



(3) 



(4) 



icanth higher than routineh' encountered 
during operation: or 

procedures could result in significantly 
greater airborne concentrations o[ radio- 
active materials than are present during 
operation: or 

procedures could result in significantly 
greater releases of radioactive matenal to 
the environment than those associated 
with operation. 

(e) Procedures with potential health and safety 
impacts ma\' not be earned out prior to approval 
o_^ the decommissioning plan. 

(f) The proposed decommissioning plan, if re- 
quired by Paragraph (d) of this Rule or bv license 
condition, must include: 

( 1 ) description oi planned decommissioning 
activities 

( 2i description ol nicthods used to assure 
protection of workers and the environ- 
ment against radiation hazards during de- 
commissioning: 

( 3) a description of the planned final radiation 
survey: and 



(4) an updated detailed cost estimate for de- 
commissioning, comparison of that esti- 
mate with present funds set aside for 
decommissioning, and plan for assuring 
the availability of adequate funds for 
completion of decommissioning, 
(g) 1 he proposed decommissioning plan will 
be approved bv the agency it the information 
therein demonstrates that the decommissioning 
will be completed as soon as is reasonable and 
that the health and satetv of workers and the 
public will be adequately protected. 

(h) 1 pon approval of the decommissioning 
plan bv the agency, the licensee shall complete 
decommissioning in accordance with the ap- 
proved plan. As a final step in decommissioning, 
the licensee shall again submit the information 
required m Subparagraph (c) ( 5) of this Rule and 
shall certify the disposition of accumulated 
wastes from decommissioning. 

li) l_t the information submitted under Subpar- 
agraph (c) (5) or Paragraph (h) of this Rule docs 
not adequately demonstrate that the premises are 
suitable for release for unrestricted use, the 
agency will inform the licensee of the appropriate 
further actions required tor termination of 1U 



[ i ) 1 ach specific license continues in effect . be- 
yond the expiration date if necessary, with respect 
to possession of residual radioactive matenal 
present as contamination until the agency notifies 
the licensee in writing that the license is termi- 
nated. During this time, the licensee shall: 
( 1 ) limit actions involving radioactive material 
to those related to decommissioning: and 
(2) continue to control entry to restricted 
areas until they are suitable for release for 
unrestricted use and the agency notifies 
the licensee in writing that the license is 
terminated, 
(k) Specific licenses will be terminated bv 
wntten notice to the licensee w hen the agency 
determines that: 

( 1 ) radioactive material has been properly 
disposed: 

reasonable effort has been made to elimi- 
nate residual radioactive contamination, it 
present; and 

a radiation survey has been performed 
w Inch demonstrates that the premises are 
suitable for release lor unrestricted use; or 
other information submitted bv the 
licensee is sufficient to demonstrate that 
the premises are suitable for release lor 
unrestricted use. 



(2) 



[3] 



Statuton- Authority G.S. I04E-7; 104E- 10(b). 



137S 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



.0347 SECURITY RKQ( [REMENTS 
(REPEALED) 

Statutory Authority G.S. I04E-18. 

.0350 RECORDS AND REPORTS 
OF MISAD.VIINISTRATION 

(a) When a misadministration involves any 
therapy procedure, the licensee shall notify the 
agency by telephone. The licensee shall also 
notify the referring physician of the affected pa- 
tient and the patient or a responsible relative or 
guardian, unless the referring physician agrees to 
inform the patient. However, if the referring 
physician believes, based on medical judgment, 
that telling the patient or the patient's responsible 
relative or guardian, would be harmful to one or 
the other, respectively, such notification is not 
required. These notifications must be made 
within 24 hours after the licensee discovers the 
misadministration. If the referring physician, 
patient, or the patient's responsible relative or 
guardian cannot be reached within 24 hours, the 
licensee shall notify them as soon as practicable. 
The licensee is not required to notify the patient 
or the patient's responsible relative or guardian 
without first consulting the referring physician. 
However, the licensee shall not delay medical 
care for the patient because of this notification 
requirement. 

(b) Within 15 days after an initial therapy mis- 
administration report to the agency, the licensee 
shall report, in writing, to the agency and to the 
referring physician, and furnish a copy of the re- 
port to the patient or the patient's responsible 
relative or guardian if either was previously noti- 
fied by the licensee as required by Paragraph (a) 
of this Rule. The written report must include: 

(1) the licensee's name; 

(2) referring physician's name; 

(3) a brief description of the event; 

(4) the effect on the patient; 

(5) the action taken to the prevent recurrence; 
and 

(6) confirmation that the licensee informed 
the patient or the patient's responsible 
relative or guardian, or documentation of 



the reasons why the patient or the pa- 
tient's responsible relative or guardian was 
not informed. 
The report must not include the patient's name 
or other information that could lead to identifi- 
cation of the patient. 

(c) When a misadministration involves a diag- 
nostic procedure, the radiation safety officer shall 
promptly investigate its cause, make a record for 
agency review, and retain the record as directed 
in Paragraph (d) of this Rule. The licensee shall 
also notify the referring physician and the agency 
in writing on DIS 5215 the appropriate form(s) 
provided by the agency within 15 days if the 
misadministration involved the use of radioactive 
material not intended for medical use, adminis- 
tration of dosage five times different than the in- 
tended dosage, or administration of radioactive 
material such that the patient is likely to receive 
an organ dose greater than two rems or a whole 
body dose greater than 500 millirems. Licensees 
shall use dosimetry tables in package inserts, 
corrected only for amount of radioactivity ad- 
ministered, to determine whether a report is re- 
quired. 

(d) Each licensee shall retain a record of each 
misadministration for ten years. The record 
must contain: 

( 1 1 the names of all individuals involved in the 
event (including the physician, allied 
health personnel, the patient, and the pa- 
tient's referring physician); 

(2) the patient's social security number or 
identification number, if one has been as- 
signed; 

(3) a brief description of the event; 

(4) the effect on the patient; and 

(5) the action taken, if any, to prevent recur- 
rence. 

(e) Aside from the notification requirements, 
nothing in this Rule shall affect the rights or du- 
ties of licensees, and physicians in relation to 
each other, patients, or responsible relatives or 
guardians. 

Statutory Authority G.S. 104E-7 (a)(2). 



.0352 EMERGENCY PLANS 

(a) L'ach application to possess radioactive materials in unsealed form, on foils or plated sources, or 
sealed in glass m excess of the quantities in the table in Paragraph (el of this Rule must contain either: 

( 1 ) an evaluation showing that the maximum dose to a person off- site due to a release of radioactive 
materials would not exceed one rem effective dose equivalent or five rents to the thyroid: or 

(2) an emergency plan for responding to a release of radioactive material. 

(b) One or more of the following factors may be used to support an evaluation submitted under 
Subparagraph (a)( I ) of this Rule: 

( 1) the radioactive material is physically separated so that only a portion could be involved in an 
accident; 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1T9 



PROPOSED RULES 



(2) all or part of the radioactive material is not subject to release during an accident because of the 
was - its rs stored or packaged; 

(3) the release traction in the respirahle size range would be lower than the release fraction shown 
in Paragraph (e) of this Rule due to the chemical or physical form of the material: 

(4) the solubility of the radioactive material would reduce the dose received; 

( 5) facility design or engineered safety features in the tacihtv would cause the release fraction to be 
lower than shown in Paragraph (e) of this Rule: 

(6) operating restrictions or procedures would prevent a release fraction as large as that shown in 
Paragraph (e) of this Rule: or 

(7) other factors appropriate tor the specific facility. 

(c) An emergency plan tor responding to a release of radioactive material submitted under Subpara- 
graph (a)(2) of this Rule must include the following information: 

( 1 ) brief description ^ t_he licensee s tacihtv and area near the site: 

(2) identification ot each t\pe of radioactive materials accident tor which protective actions may 
be needed: 

(3) classification system for classifying accidents as alerts or site area emergencies; 

(4) identification of the means of detecting each type of accident in a timely manner: 

(5) brief description of the means and equipment for mitigating, the consequences of each type of 
accident, including those provided to protect workers on-site, and a description of the program 
for maintaining the equipment: 

(6) brief description of the methods and equipment to assess releases of radioactive materials; 

(7) brief description of Tie responsibilities of licensee personnel, should an accident occur, including 
identification of personnel responsible for promptly notifying off site response organizations and 
the agency . and responsibilities for developing, maintaining, and updating the plan: 

(8) brief description of notification and coordination, to include a commitment to and a brief de- 
scription of the means to promptly notify off-site response organizations and request off-site 
assistance, including medical assistance tor the treatment of contaminated mjured on-site work- 
ers when appropnate. pnn ided that: 

(A) a control point shall be established: 

( B) the notification and coordination shall be planned so that unavailability of some personnel, 
parts of the tacihtv. and some equipment will not pre\ ent the notification and coordination; 

(C) the licensee shall also commit to notify the agency immediately after notification of the ap- 
propriate off-site response organizations, not to exceed one hour after the licensee declares an 
emergency; and 

( D) the reporting requirements in Subparagraph (c)(S) of this Rule do not substitute tor or relieve 
the licensee from responsibility for complying with the requirements in the Emergency Planning 
and Community Right-to-Know Act of 1986, Title 111. Public 1 aw 9JM99 or other state or 
federal reporting requirements; 

(9) bnef description of the types of information on facility status, radioactive releases, and recom- 
mended protective actions, if necessary, to be given to oti-site response organizations and to the 
agency: 

(TO) brief description of the frequency, performance objectives and plans for the training that the 
licensee will provide workers on how ]o_ respond to an emergency, including any special in- 
structions and onentation tours the licensee would otter to tire, police, medical and other 
emergency personnel, where such training shall: 

(A) familiarize personnel with site-specific emergency procedures; and 

( B) thoroughly prepare she personnel tor their responsibilities in the event of accident scenarios 
postulated as most probable for the specific site, including the use of team training for such 
scenarios: 

(11) bnef description of the means of restoring the facility to a safe condition after an accident: 

(12) bnef description of provisions for conducting quarterly communications checks with off- site 
response organizations and biennial on-site exercises to test response to simulated emergencies 
where such provisions shall meet the following specific requirements: 

(A) quarterly communications checks with off- site response organizations shall include the check 
and update of all necessary telephone numbers: 

( B) while participation of oft-site response organizations in biennial exercises is encouraged but 
not required, the licensee shall invite oil -site response organizations to participate in the biennial 
exercises: 



13<S0 6: IS XORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(C) accident scenarios for biennial exercises shall not be known to most exercise participants; 

(D) the licensee shall critique each exercise using individuals who do not have direct implemen- 



tation responsibility lor the plan: and 

(E) critiques of exercises shall evaluate the appropriateness of the plan, emergency procedures, 
facilities, equipment, training of personnel, and overall effectiveness of the response; and 

(F) deficiencies found by the critiques in Subparagraph (c)(12)(L) ol this Rule shall be corrected; 
(13) certification that the applicant has met its responsibilities under the Emergency Planning and 

Community Right-to- Know Act of 1 9X6, Title 111. Public Law 99-499, if applicable to the ap- 
plicant's activities at the proposed place of use of the radioactive material, 
(d) The licensee shall allow the off-site response organizations expected to respond in case of an ac- 
cident 61) days to comment on the licensee's emergency plan before submitting it to the agency. The 



licensee shall provide any comments received within the 60 day comment period to the agency with the 
emergency plan. 

(e) Quantities of radioactive material requiring consideration of the need for an emergency plan for 
responding to a release as used in this Rule and special instructions for use are: 
Q] TABLE 



RADIOACTIVE MATERIAL 



RELEASE 
FRAC1 ION 



QUANTITY 
(( LKIIS) 



Actinium-228 
Americiuin-241 
Americium-242 
Amencium-243 
Antimony- 124 
Antimony- 126 
Barium- 133 
Barium- 140 
Bismuth-207 
Bismuth-210 
Cadmium- 109 
Cadmium- 1 13 
Calcium-45 
Califomium-252 
Strontium-89 
Strontium-90 
Sulfur-35 
lechnitium-99 
Technitiurn-09 rn 
Tellurium- 127 m 
1 ellunum-129 m 
Terbium- 160 
Thulium- 170 
Tin- 113 



23 



Tin- 1 26 



1 itanium-44 
Vanadium-48 

Xenon- 133 

Yttrium-'M 

Zine-65 

/irconium-93 

/irconmm-95 

Anv other beta-gamma emitter 

Mixed fission products 

Mixed corrosion products 

Contaminated equipment beta-gamma 

Irradiated material, any form other than 



0.001 
.001 
.001 

.001 

ill 

ill 

ill 

ill 
m 

m 

ILL 
.HI 

JU 
.001 

m 
ill 

_5 

m 
m 

ill 

ALL 

ILL 
m 

m 

m 

m 
m 
m 
j_o 
m 
m 
m 

ILL 

iLLL 

ILL 
m 

.001 



4.000 



4.000 


6.000 


10,000 


30.000 


5.000 


600 
1.000 


so 

20.000 


9 (20 mg) 

3.000 


90 

900 

lo.ooii 


400.000 


5.000 


5.000 


4.000 


4.000 


10.000 


3.000 


1.000 


LOO 

7.000 


000.000 


2.000 


5.000 


400 
5.000 


io.ooo 


1.000 


10.000 


10.000 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1381 



PROPOSED RULES 



solid noncombustible 
[rracliated material, solid noncombustible 
Mixed radioactive waste, beta-gamma 
Packaged mixed waste, hcta-gamma 
Am other alpha emitter 
( 'ontamin.ited equipment, alpha 
Packaged waste, alpha 



m 

.1)01 

ill 
.001 

.001 

.0001 
.0001 



1 ,ooo 

10. 000 
1,1)1)0 

10,000 



20 

2D 



(2) For combinations of radioactive materials, consideration of the need for an emergency pig 



an is 



required if the sum of the ratios of the quantity o\_ each radioactive material authorized to the 
quantity listed lor that material in the table m Subparagraph (e)( 1 ) of this Rule exceeds one. 
(3) Waste packaged in 1'vpc U containers, as defined in j_0 ( ' 1 R Part 71 .4. does not require an 
emergency plan. 



Statutory Authority G.S. I04E-7. 

.0353 FIN AN CI VL ASSl RANCE AND RECORD- 
KEEPING FOR DECOMMISSIONING 

ia) Rach applicant for a specifi c license author- 



i/iii'.! the possession and use oj_ unsealed radioac- 
tive material of half-hie greater than 120 da\s and 
in quantities such that R_ divided bv II) is greater 
than one ( units" rule), where R_ is defined here as 
the sum o\. !]]£ ratios of the quantity of each 
isotope to the applicable value in the table m 
Rule .11424 of dlis Chapter, shall submit a de- 
commissioning binding plan as described m Par- 
agraph (g) of this Rule. 

(b) bach holder of a specific license issued be- 
fore the efjcctiye date of this Rule, and of a tspc 
described jn Paragraph ( a ) of this Rule shall 
submit, no later than 60 da\ s alter the effective 
date of this Rule, a decommissioning binding 
plan or a certification of financial assurance lor 
decommissioning in an amount ot ._U least seven 
hundred and lifts thousand dollars ( $ "750. 1)00) in 
accordance with the entena set forth in this Rule. 
If the licensee submits the certification of finan- 



application has been approved and the lb 
cense issued but prior to the receipt of li- 
censed matenal. As part of the 
certification, the applicant shall submit to 
this agency, a cops of the financial in- 
strument obtained to sat i sis the require- 
ments of Paragraph (g) of this Rule, 
(d) bach holder of a specific license issued be- 
fore the effective date of this Rule, and of a type 
described in Paragraph (c) of this Rule shall 
submit, no later than 60 davs alter the effective 
date of this Rule, a certification of financial as- 
surance for decommissioning or a decommis- 



sioning funding plan in accordance with the 
entena set forth in this Rule. 

(e) Each holder of a specific license issued on 
or after the effective date of this Rule. s\ hich is 
of a t s pe described in Paragraph (a) or (c]_ of this 
Rule, shall provide financial assurance lor de- 
commissioning in accordance with the criteria set 
forth in this Rule. 



cial assurance rather than a decommissioning 
funding plan at this time, the licensee shall in- 
clude a decommissioning funding plan in any 
application for license renewal. 

(c) bach applicant lor a specific license au- 
thorizing possession and use o(_ radioactive ma- 
terial of hall-life greater than 1 20 das s and m 
quantities specified in Paragraph (f) of this Rule 
shall either: 

( 1 ) submit a decommissioning funding plan 
as described m Paragraph (g) oj this Rule: 
or 

(2) submit a ceililication that financial assur- 
ance tor decommissioning has been pro- 
vided in the amount prescribed bv 
Paragraph (f) of this Rule using one of the 
methods described in Rule .1)354 of this 
Section. For an applicant, this cert if- (3) for 



(f) Required amounts of financial assurance for 
decommissioning bs c]iiantits of radioactive ma- 
terial where R is defined as the sum of the ratios 
of the quantity of each isotope to the applicable 
value in Rule .0424 of this Chapter are as fob 
lows: 

( 1 ) for unsealed form, if R divided bv _[f/ is 
greater than cine then the minimum lb 
nancial assurance amount is seven luin- 



ication may state that the appropriate as- 
surance svill be obtained alter the 



dred and lilts thousand dollars [ ^750.000) 
and shall be as stated m an appros'cd de- 
commissioning binding plan as described 
m Paragraph (g) of this Rule: 

(2) for unsealed form, if R_ divided bs 1D J is 
greater than one but R disidcd bs 1 1 f* is 
less than or equal to cine, then the finan- 
cial assurance amount r. seven hundred 
and lifts thousand dollars ( j>75(),OOi)); 

(3) for unsealed form, if R_ djvided bs 10 3 is 
greater than one but R_ divided bs 10 is 
less than or equal to one, then the tinan- 



bs: 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



ssurance amount is one hundred and 



fifty thousand dollars ($.150.001)); 
(4) tor sealed sources or plated foils. if R, di- 
vided by 10'" is greater than one, then the 
financial assurance amount is seventy five 



thousand dollars (£75.000). 

(g) [iach decommissioning funding plan shall 
contain a cost estimate for decommissioning and 
a description of the method of assuring funds for 
decommissioning as referenced in Rule .0354 of 
this Section, including means of adjusting cost 
estimates and associated funding levels period- 
ically over the life of the facility. 

(h) lach person licensed under this Section of 
this Chapter shall keep records of information 
important to the safe and effective decommis- 
sioning of the facility in an identified location 
until the license is terminated by the a gene v. H 
records of relevant information are kept for other 
purposes, reference to these records and their lo- 
cations may he used. Information the agency 
considers important to decommissioning in- 
cludes, hut is not limited to: 

( 1 ) Records of spills or other unusual occur- 
rences involving the spread of contam- 
around the lacilitv. 



ination m 



and 



equipment, or site. 

(A) These records may he limited to in- 
stances when contamination remains after 
anv cleanup procedures or when there is 
reasonable likelihood that contaminants 
mav have spread to inaccessible areas as 
m the case of possible seepage into porous 
materials such as concrete. 

(B) These records shall include any known 
information on identification of involved 
nuclides, quantities, forms, and concen- 
trations. 

(2) .As-built drawings and modifications of 
structures and equipment in restricted 
areas where radioactive materials are being 
used and or stored, and of locations of 
possible inaccessible contamination such 
as buried pipes which mav be subject to 
contamination. 
( A ) If required drawings are reference, each 
relevant document need not be indexed 



individually. 
(0) If draw in i 
licensee 



i are not available, the 
.ubstitute appropriate re- 
cords of available information concerning 



sha: 



th« 



areas and locations. 



(3) Records of the cost estimate performed for 
the decommissioning funding plan or of 



the amount certified for decommissioning, 
and records of the funding method used 
lor assuring funds if either a funding plan 
or certification is used. 



Statutory? Authority G.S. I04E-7. 

.0354 METHODS OF FINANCIAL ASSURANCE 
FOR DECOMMISSIONING 

(a) financial assurance for decommissioning 
as required by Rule .0353 oi_ this Section must 
be provided by one or more of the following 
methods: 

( 1 ) prepayment, where: 

(A) Prepayment is the deposit prior to t he- 
start of operation into an account segre- 
gated from licensee asset s and outside the 
licensee's administrative control of cash 



or liquid assets such that the amount of 
funds would be sufficient to pay decom- 
missioning costs: and 

( Hi Prepayment may be m the form of a 
taist. escrow account, government fund, 
certificate of deposit, or deposit of gov- 
ernment securities. 

!| a surety method, insurance, or other 
guarantee method, where: 



(A) These methods guarantee that decom- 
missioning costs will he paid should the 
licensee default: 

( B] A surety method mav be m the form 
of a surety bond, letter of 



credit, 



of credit: 



(Ci A parent company guarantee of funds 
for decommissioning costs based on a fi- 
nancial test mav be used if the parent 
company and guarantee meet the criteria 
contained in Rule .1)355 of this Section: 

(D) A parent company guarantee may not 
be used in combination with other finan- 
cial methods to satisfy the requirements 
of this Section: and 

(F) Any surety method or insurance used 
to provide financial assurance for decom- 
missioning shall contain the following 
conditions: 



(i) The surety method or insurance shall 
be open-ended or. if written for a spec- 
ified term, such as five years, shall be 
renewed automatically unless C H) days 
or more prior to the renewal date, the 
issuer notifies the agency, the benefici- 
ary, and the licensee of its intention not 
to renew: 

(ii) 1 he surety method or insurance shall 
provide that the full face amount be 
paid to the beneficiary automatically 
prior to the expiration date without 
proof of forfeiture it the licensee fails lo_ 
provide a replacement acceptable to the 
agency within 30 days atter receipt of 
notification of cancellation: 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1383 



PROPOSED RULES 



dii ) I he surety method or insurance shall 
he payable to a trust established lor de- 
commissioning costs. 1 he trustee and 
trust shall he acceptable to the agency. 
An acceptable trust includes an appro- 
priate state or federal government 
agency or an entity which has the au- 
thority" to act as a trustee and whose 
trust operations are regulated and ex- 
amined by a lederal or state agency; 

(iv) I he surety method or insurance sha 
remain in effect until the agency has 



terminated th 



e license. 



(3) an external sinking fund where: 

(A) Deposits are made at least annually, 
coupled with a surety method or msur- 
ance. the value of which may decrease by 



the amount being accumulated in th 
sinking fund; 



(B) An external sinking fund is a fund 



tablished and maintained by setting aside 
funds periodically in an account segre- 



gated from licensee assets and outside the 
licensee's administrative control in which 
the total amount of funds would be suffi- 
cient to pav decommissioning costs at the 
time termination of operation is expected; 

(C) An external sinking fund may he in the 
form of a trust escrow account, gtn em- 
inent fund, certificate of deposit or de- 
posits of government securities: and 

( Di "1 he surety or insurance provisions shall 
he as stated in Subparagraph (a)(2) of this 
Rule. 
(4) in the case of federal, state en local gov- 
ernment licensees, a statement of intent 
containing a cost estimate tor decommis- 



sioning or an amount based on the pro- 
visions of Rule D353 of this Section and 
indicating that funds for decommissioning 
shall he obtained w hen required bv the 
agencv. 



Statutory Authority G.S. 104E-7. 

.0355 FIN. TESTS/PARENT CO. GUARANTEES: 
DECOMMISSIONING FUNDING 

(a) An applicant or licensee may provide rea- 
sonable assurance of the availability of funds for 
decommissioning based on obtaining a parent 
company guarantee that funds will he available 
tor decommissioning costs and on a demon- 



stration that the parent company passes a finan- 
cial test. 1 his Rule establishes criteria for passing 
the financial test and for obtaining the parent 
company guarantee. 



(b) To pass the financial test, the parent com- 
pany shall meet the criteria of either Subpara- 
graph lb)( 1 ) or (b)(2) of this Rule as follows: 
( 1 ) I he parent company shall have: 

( A .) two of the following three ratios: A 
ratio of total liabilities to net worth less 
than 2.0: a ratio of the sum of net income 
plus depreciation, depletion, and amorti- 
zation to total liabilities greater than 0.1; 
and a ratio of current assets to current li- 
abilities greater than 1.5: and 



has Hii H£l working capital and tangible net 

worth each at least six times the current 



decommissioning cost estimates (or t 

scribed amount if a certification is used); 
and 
(C) tangible net worth of at least ten million 
dollars ($10,000,000); and 



(P) assets located in the I nited States 



amounting to at least 90 percent of total 
assets or at least six times the current de- 
commissioning cost estimates (or pre- 
scribed amount if a certification is used). 
\l The parent company shall have: 

( A ) a current rating for its most recent bond 
issuance of AAA, A.\. A or BBB as is- 
sued by Standard and Poor's or Aaa. Aa, 
A or Baa as issued bv Moody's: and 

(B) tangible net worth at least six times the 
>nn 

amount if a certification is 



current decommissioning cost estimate (or 
prescr ibed 



used); and 

(C) tangible net worth of at least ten million 
($10. (KM). OOP): and 

( D) assets located in_ the United States 
amounting to at least 90 percent of total 
assets or at least six times the current de- 
commissioning cost estimates (or pre- 
scribed amount if certification is used). 



fc) 1 he parent company s independent certified 
public accountant shall have compared the data 
used bv the parent company in_ the financial test. 
which is derived from the independently audited. 
\ ear end financial statements for the latest fiscal 
year, with the amounts in such financial state- 
ment. In connection with that procedure the 
licensee shall infonn the agency within 90 days 
of anv matters coming to the auditor's attention 
which cause the auditor to believe that the data 
specified in the financial test should he adjusted 
and that the company no longer passes the test. 

(d) After the initial financial test, the parent 
company shall repeat the passage of the test 
within 90 davs after the close of each succeeding 
fiscal year. 

(e) If the parent company no longer meets the 
requirements of Paragraph (h) of this Rule, the 
licensee shall send notice to the agency of intent 



13S4 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



to establish alternate financial assurance as spec- 
ified in this Section. The notice shall be sent bv 
certified mail within 90 davs after the end of the 
fiscal year for which the year end financial data 
show that the parent company no longer meets 
the financial test requirements. I he licensee shall 
provide alternate financial assurance within 12(1 
da\s alter the end of such fiscal year. 

(f) The terms of a parent company guarantee 
which an applicant or licensee obtains shall pro- 
vide that: 

( 1 ) the parent company guarantee will remain 
m force unless the guarantor sends notice 
of cancellation by certified mail to the 
licensee and the agency . Cancellation 
shall not occur; however, during the 120 
days beginning on the date of receipt of 
the notice of cancellation bv both the 
licensee and the agency, as evidenced by 



(2) if the licensee fails to provide alternate f> 
nancial assurance as specified in this Sec- 
tion within 90 days after receipt by the 
licensee and the agency of a notice of 
cancellation of the parent company 
guarantor, the guarantor will provide such 
alternative financial assurance in the name 
of the licensee. 



the return receipts. 



(g) The parent company guarantee and finan- 
cial test provisions shall remain in ettect until the 
agency has terminated the license. 

(h) If a trust is established for decommissioning 
costs, the trustee and trust shall be acceptable to 
the agency. An acceptable trustee includes an 
appropriate state or federal agency or an entity 
to act as a trustee who trust operations are regu- 
lated and examined bv a federal or state agency. 

Statutory Authority G.S. I04E-7. 



SECTION .0400 - STANDARDS FOR PROTECTION AGAINST RADIATION 

.0402 RADIATION DOSE TO l\DI\ IDEALS IN RESTRICTED AREAS 

(a) Fxcept as provided in (c) of this Rule, no licensee or registrant shall possess, use. receive, or 
transfer sources of radiation in such a manner as to cause any individual in a restricted area to receive 
in any period of one calendar quarter from all sources of radiation in the licensee's or registrant's pos- 
session a dose in excess of the limits specified in the following table: 

Rems Calendar Quarter 
Whole body; head and trunk; 1.25 

Active blood-forming organs; 
Lens of eyes: or Gonads 

1 lands and forearms; 18.75 

Feet and ankles 

Skin of whole body 7.50 

for determining the doses specified in this Rule, a dose from x or gamma rays up to 10 MeV 
be assumed to be equivalent to the exposure measured by a properly calibrated appropriate in- 
strument in air at or near the body surface in the region of the highest dose rate. 

(c) A licensee or registrant may permit an individual in a restricted area to receive a dose to the whole 
body greater than that permitted under (a) of this Rule provided that: 

During any calendar quarter the dose to the whole body from sources of radiation in the 
licensee's or registrant's possession shall not exceed three rems; 

The dose to the whole body, when added to the accumulated occupational dose to the whole 
body, shall not exceed 5(N-18) rems where "N" equals the individual's age in years at his last 
birthday; and 

The licensee or registrant has determined the individual's accumulated occupational dose to the 
whole body on appropriate form(s) provided bv the agency firm DPS 525 1 ) or on a clear and 
legible record containing all the information required in that form and has otherwise complied 
with the requirements of Rule .0403 of tliis Section. As used in this Rule "dose to the whole 
body" shall be deemed to include any dose to the whole body, gonads, active blood-forming 
organs, head and trunk, or lens of eyes. 



(b) 
may 



(1) 
(2) 

(3) 



Statutory Authority G.S. I04E-7. 

.0403 DETERMINATION OF PRIOR DOSE 

(a) Each licensee or registrant shall require any individual, prior to first entry of the individual into 
the licensee's or registrant's restricted area during each employment or work assignment under such 
circumstances that the individual will receive or is likely to receive in any period of one calendar quarter 



6:1S NORTH CAROLINA REGISTER December 16, 1991 



I3S5 



PROPOSED RULES 



an occupational dose in excess of 25 percent of the applicable standards specified in Rules .0402(a) and 
.0405(a) of this Section, to disclose in a written, signed statement, either: 

( 1 ) that the individual has no prior occupational dose during the current calendar quarter, or 
(2) the nature and amount of any occupational dose which the individual may have received during 
that specifically identified current calendar quarter from sources of radiation possessed or con- 
trolled by other persons. 
Fach licensee or registrant shall maintain records of such statements until the agency authorizes their 
disposition. 

(b) Before permitting any individual in a restricted area to be exposed to radiation in excess of the 
limits specified in Rule .0402(a) of this Section, each licensee or registrant shall: 

( 1 ) obtain a certificate on appropriate formfs) provided bv the agency form Dl'S 5250 or on a clear 
and legible record containing all the information required in that form, signed by the individual, 
showing each period of time after the individual attained the age of 18 in which the individual 
received an occupational dose of radiation: and 

(2) calculate on the agency form, in accordance with the instructions appearing therein, or on a clear 
and legible record containing all information required in that form, the previously accumulated 
occupational dose received by the individual and the additional dose allowed for that individual 
under Rule .0402(c) of this Section. 

(O In the preparation of the appropriate agency formfs) form DPS 5250 or a clear and legible record 
containing all the information required in that form, the licensee or registrant shall make a reasonable 
effort to obtain reports of the individual's previously accumulated occupational dose. For each period 
for which the licensee or registrant obtains these reports, he shall use the dose shown in the report in 
preparing the form. In any case where a licensee or registrant is unable to obtain reports of the indi- 
vidual's occupational dose for a previous complete calendar quarter, it shall be assumed that the indi- 
vidual has received the occupational dose specified in whichever of the following columns apply: 



Part of Body 
Whole body 
Gonads 

Active blood- 
forming organs 
Head and trunk 
Lens of eyes 



Column 1 
Assumed Dose in Rems 
for Calendar Quarters 
Prior to January 1, 1961 

3.75 



Column 2 
Assumed Dose in Rems 
for Calendar Quarters 
Beginning on or after 
January 1, 1961 
1.25 



(d) The licensee or registrant shall retain and preserve records used in preparing the appropriate 
agency formfs). form OI S 5250. If calculation of the individual's accumulated occupational dose for 
all penods prior to January 1. 1961 yields a result higher than the applicable accumulated dose value 
for the individual as of that date as specified in Rule .0402(c) of this Section, the excess may be disre- 
garded. 

Statutory Authority G.S. 104E-7; 104E-I2(a)(2). 

.041 1 CAUTION SIGNS: LABELS: AND SIGNALS 

(a) General requirements are as follows: 
( 1) Except as otherwise authorized by the agency, symbols prescribed by this Section shall use the 
conventional radiation caution colors, magenta or purple on yellow background. The symbol 
prescribed by this Section is the conventional threc-bladed design, radiation symbol. 
Radiation Symbol 

(A) Crosshatched area is to be magenta or purple. 

(B) Background is to be yellow. 



1386 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(2) In addition to the contents of signs and labels prescribed in this Section, a licensee or registrant 
may provide on or near these signs and labels any additional information which may be appro- 
priate in aiding individuals to minimize exposure to radiation. 

(3) The word "danger" may be substituted for the word "caution" in the signs described in this Rule. 

(b) Each radiation area shall be conspicuously posted with a sign or signs bearing the radiation cau- 
tion symbol and the words: 

CAUTION 
RADIATION AREA 

(c) High radiation areas shall be posted and protected as follows: 

(1) liach high radiation area shall be conspicuously posted with a sign or signs bearing the radiation 
caution symbol and the words: 

CAUTION 
HIGH RADIATION AREA 

(2) Fach entrance or access point to a high radiation area shall be posted with the sign described in 
Subparagraph (c)( 1) of this Rule and shall be: 

(A) equipped with a control device which shall cause the level of radiation to be reduced below 
that at which an individual might receive a dose of 100 millirems in one hour upon- entry into 
the area; or 

(B) equipped with a control device which shall energize a conspicuous visible or audible alarm 
signal in such a manner that the individual entering the high radiation area and the licensee, 
registrant, or a supervisor of the activity are made aware of the entry; or 

(C) maintained locked except during periods when access to the area is required, with positive 
control over each individual entry. 

(3) The controls required by Subparagraph (c)(2) of this Rule shall be established in such a way that 
no individual will be prevented from leaving a high radiation area. 

(4) In the case of a high radiation area established for a period of 30 days or less, direct surveillance 
to prevent authoris e d unauthorized entry may be substituted for the controls required by Sub- 
paragraph (c)(2) of this Rule. 

(5) Any licensee, registrant or applicant for a license or registration may apply to the agency for 
approval of methods not included in Subparagraphs (c)(2) and (4) of this Rule for controlling 
access to high radiation areas. The agency will approve the proposed alternatives if the licensee, 
registrant or applicant demonstrates that the alternative methods of control will prevent unau- 
thorized entry into a high radiation area, and that the requirements of Subparagraph (c)(2) of 
this Rule are met. 

(6) Fach area in which there may exist radiation levels in excess of 500 rems in one hour at one 
meter from a sealed radioactive source that is used to irradiate materials shall meet the require- 
ments which follow. 

(A) Each entrance or access point shall: 

(i) be equipped with entry control devices which shall function automatically to prevent any 
individual from inadvertently entering the area when these radiation levels exist; 

(ii) permit deliberate entry into the area only after actuation of a control device which shall 
cause the radiation level within the area, from the sealed source, to be reduced below that at 
which it would be possible for an individual to receive a dose in excess of 100 mrem in one 
hour; and 

(iii) prevent operation of the source if the source would produce radiation levels in the area that 
could result in a dose to an individual in excess of 100 mrem in one hour. 

(B) Each area shall be equipped with additional control devices such that upon failure of the entry 
control devices to function as required by Subparagraph (c)(6)(A) of this Rule, the radiation 
level within the area, from the sealed source, shall be reduced below that at which it would be 
possible for an individual to receive a dose in excess of 100 mrem in one hour. Visible and 
audible alarm signals shall be generated to make: 

(i) an individual attempting to enter the area aware of the hazard; and 

(ii) the licensee, or at least one other individual who is familiar with the activity and prepared 
to render or summon assistance, aware of the failure of the entry control devices. 

(C) Each area shall be equipped with control devices, such that: 

(i) upon failure or removal of physical radiation banners, other than the source s shielded 
storage container, the radiation level from the source shall be reduced below that at which it 
would be possible for an individual to receive a dose in excess of 100 mrem in one hour; 



6: IS NORTH CAROLINA REGISTER December 16, 1991 /?,\'7 



PROPOSED RULES 



(ii) visible and audible alarm signals shall be generated to make: 
(I) potentially affected individuals aware of the hazard, and 

(II) the licensee, or at least one other individual who is familiar with the activity and prepared 
to render or summon assistance, aware of the failure or removal of the physical barrier. 
When the shield for the stored source is a liquid, means shall be provided to monitor the integ- 
rity of the shield and to signal, automatically, loss of adequate shielding. Physical radiation 
barriers that comprise permanent structural components, such as walls that have no credible 
probability of failure or removal in ordinary circumstances, need not meet the requirements of 
this Subparagraph. 

(D) Each area shall be equipped with devices that will automatically generate visible and audible 
alarm signals to alert personnel in the area before the source can be put into operation and in 
sufficient time for any individual in the area to operate a clearly identified control device which 
shall be installed in the area and which can prevent the source from being put into operation. 

(E) Each area shall be controlled by use of such administrative procedures and such devices as 
are necessary to assure that the area is cleared of personnel prior to each use of the source pre- 
ceding which use it might have been possible for an individual to have entered the area. 

(F) Each area shall be cheeked by a physical radiation measurement to assure that prior to the 
first individual's entry into the area after any use of the source, the radiation level from the 
source in the area is below that at which it would be possible for an individual to receive a dose 
in excess of 100 mrcm in one hour. 

(G) The licensee shall test the entry control devices required in Subparagraph (c)(6)(A) of this 
Rule for proper functioning prior to initial operation with the source of radiation on any day 
that operations are not uninterruptedly continued from the previous day or before resuming 
operations after any unintended interruption. 

(i) The licensee shall maintain records of the dates, times and results of such tests of function. 
No such operations other than those necessary to place the source in safe condition or to ef- 
fect repairs on controls shall be conducted with the source unless control devices are func- 
tioning properly. 
(ii) The licensee shall submit an acceptable schedule for more complete periodic tests of the 
entry control and warning systems to be established and adhered to as a condition of the li- 
cense. 
(II) The licensee shall have those entry and exit portals that are used in transporting materials to 
and from the irradiation area and. that are not intended for use by individuals, controlled by such 
devices and administrative procedures as are necessary to physically protect and warn against 
inadvertent entry by any individual through these portals. Exit portals for processed materials 
shall be equipped to detect and signal the presence of loose radiation sources that are carried 
toward such an exit and to automatically prevent the loose sources from being carried out of the 
area. 

(7) Licensees with, or applicants for, licenses for radiation sources that: 

(A) are within the purview of Subparagraph (c)(6) of this Rule: 

(B) must be used in a variety of positions or in peculiar locations, such as open fields or forests; 
and 

(C) make it impracticable to comply with certain requirements of Subparagraph (c)(6) of this 
Rule, such as those for the automatic control of radiation levels; 

may apply to the agency for approval prior to use of safety measures that are alternative to those 
specified in Subparagraph (c)(6) of this Rule, and that will provide at least an equivalent degree 
of personnel protection in the use of these sources. 

(8) At least one of the alternative measures pursuant to Subparagraph (c)(7) of this Rule must in- 
clude an entry-preventing interlock control based on a physical measurement of radiation that 
assures the absence of high radiation levels before an individual can gain access to an area where 
the sources are used. 

(9) Subparagraph (c)(6) of this Rule does not appl) to radioactive sources that are used in: 

(A) teletherapy, 

(B) radiography, or 

(C) completely shielded irradiators within which the source: 
(i) is both stored and operated within: 

(I) the same shielded radiation barrier, and 
(II) the designed configuration of the irradiator: 



1388 6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(ii) is always inaccessible to any individual; and 
(iii) cannot create high levels of radiation in an area that is accessible to any individual. 

(d) bach airborne radioactivity area shall be conspicuously posted with a sign or signs bearing the 
radiation caution svmbol and the words: 

CAUTION 
AIRBORNE RADIOACTIVITY ARIA 

(e) Additional Requirements 

(1) Each area or room in which any radioactive material, other than natural uranium or thorium, 
is used or stored in an amount exceeding ten times the quantity of radioactive material specified 
in Rule .0424(a) of this Section shall be conspicuously posted with a sign or signs bearing the 
radiation caution svmbol and the words: 

CAUTION 
RADIOACTIVE MATERIAL 

(2) Each area or room in which natural uranium or thorium is used or stored in an amount ex- 
ceeding 100 times the quantity specified in Rule .0424(a) of this Section shall he conspicuously 
posted with a sign or signs bearing the radiation caution symbol and the words: 

CAUTION 
RADIOACTIVE MATERIAL 

(f) Containers 

(1) Except as provided in Subparagraph (f)(3) of this Rule each container of radioactive material 
shall bear a durahle. clearly visible label identifying the radioactive contents. 

(2) A label required pursuant to Subparagraph (f)( 1) of this Rule shall bear the radioactive caution 
svmbol and the words: 

CAUTION 
RADIOACTIVE MATERIAL 
It shall also provide sufficient information to permit individuals handling or using the containers, 
or working in the vicinity thereof, to take precautions to avoid or minimize exposures. "The in- 
formation shall include radiation levels, kinds of material, estimate of activity and date for which 
activity is estimated as appropriate. 

(3) Notwithstanding the provisions of Subparagraph (f)( 1) of this Rule, labeling is not required for 
containers which: 

(A) do not contain radioactive material in quantities greater than the applicable quantities listed 
in Rule .0424(a) of this Section; 

(B) contain only natural uranium or thorium in quantities no greater than ten times the applicable 
quantites listed in Rule .0424(a) of this Section; 

(C) do not contain radioactive material in concentrations greater than the applicable concen- 
trations listed in Column 2. "Table I in Rule .0423(a) of this Section; 

(D) are attended by an individual who takes the precautions necessary to prevent the exposure 
of any individual to radiation or radioactive material in excess of the limits established by the 
regulations in this Section; 

(E) are in transport and are packaged and labeled in accordance with regulations published by the 
Department of Transportation: 

(F) accessible only to individuals authorized to handle or use them or to work in the vicinity 
thereof, provided that the contents are identified to such individuals by a readily available written 
record, for example, containers in locations such as waterfilled canals, storage vaults, or hot cells; 
and 

(G) are manufacturing and processing equipment such as piping and tanks. 

(4) Each licensee shall, prior to disposal of an empty uncontaminated container to unrestneted areas, 
remove or deface the radioactive material label or otherwise clearly indicate that the container 
no longer contains radioactive materials. 

(g) All radiation machines shall be labeled in a manner which cautions individuals that radiation is 
produced when the machine is being operated. 

Statutory Authority G.S. 104E-7; 104E- 12(a) ( 1 ). 

individuals for whom personnel monitoring is 
.0417 RECORDS required under Rule .0410 of this Section. Such 

(a) Each licensee or registrant shall maintain records shall be kept on appropriate formls) 

records showing the radiation exposures of all provided bv the agency l«w HE'S 5251 in ac- 



6:18 NORTH CAROLINA REGISTER December 16, 1991 1389 



PROPOSED RULES 



cordance with the instructions contained in that 
form, or on clear and legible records containing 
all the information required by the agency form. 
1)1 S 5251 The doses entered on the forms or 
records shall be for periods of time not exceeding 
one calendar quarter. 

(b) Each licensee or registrant shall maintain 
records in the same units used in this Section, 
showing the results of surveys required by Rule 
.0409 of this Section, monitoring required by 
Rules .0415(c) and (e) of this Section, and dis- 
posal made pursuant to the provisions of Rule 
.0416(b) and (d) of this Section. 

(c) Records of individual exposure to radiation 
and to radioactive material which must be main- 
tained pursuant to the provisions of (a) of this 
Rule and records of bioassays. including results 
of whole body counting examinations, made 
pursuant to Rule .0408 of this Section shall be 
preserved until the agency authorizes disposition. 

(d) Records of the results of surveys and mon- 
itoring which must be maintained pursuant to (b) 
of this Rule shall be preserved for two years after 
completion of the survey except that the follow- 
ing records shall be maintained until the agency 
authorizes their disposition: 

1 1 ) records of the results of surveys to deter- 
mine compliance with Rule .0404(a) of 
this Section; 

(2) in the absence of personnel monitoring 
data, records of the results of surveys to 
determine external radiation dose; 

(3) records of the results of surveys used to 
evaluate the release of radioactive effluents 
to the environment; 

(4) records of licensed radioactive material 
which is disposed of pursuant to pro- 
visions of Rule .0416(b) and (e) of this 
Section shall be maintained until the 
agency authorizes their disposition. 

(e) Records of disposal of radioactive material 
made pursuant to Rule .0416 of this Section shall 
be maintained until the agency authorizes their 
disposition. 

(f) Records which must be maintained pursu- 
ant to this Section may be the original or a re- 
produced copy or microform if such reproduced 
copy or microform is duly authenticated by au- 
thorized personnel and the microform is capable 
of producing a clear and legible copy after storage 
for the period specified by agency regulations. 

(g) If there is a conflict between the agency 
regulations in this Section, license condition, or 
other written agency approval or authorization 
pertaining to the retention period for the same 
type of record, the retention period specified in 
the regulations in this Section for such records 
shall apply unless the agency, pursuant to Rule 



.0106 of this Chapter of these Regulations, has 
granted a specific exemption from the record re- 
tention requirements specified in the regulations 
in this Section. 

(h) The discontinuance of or curtailment of 
activities, does not relieve the licensee or regis- 
trant of responsibility for retaining all records re- 
quired by this Rule. A licensee or registrant may, 
however, request the agency to accept such re- 
cords. The acceptance of the records by the 
agency relieves the licensee or registrant of sub- 
sequent responsibility only in respect to their 
preservation as required by this Rule. 

Statutory Authority G.S. 104E- 7 (2); I04E- 12(a). 

.0420 OYEREXPOSFRFS AND EXCESSIVE 
LEVELS AND CONCENTRATIONS 

(a) In addition to any notification required by 
Rule .0419 of this Section, each licensee or reg- 
istrant shall make a report in writing within 30 
days to the agency of: 

( 1 ) each exposure of an individual to radiation 
or concentrations of radioactive material 
in excess of any applicable limit as set 
forth in this Section or as otherwise ap- 
proved by the agency; 

(2) any incident for which notification is re- 
quired by Rule .0419 of this Section; 

(3) levels of radiation or concentrations of ra- 
dioactive material in an unrestricted area 
in excess of ten times any applicable limit 
as set forth in this Section or as otherwise 
approved by the agency, but not involving 
excessive exposure of any individual. 

(bl Fach report required under this Paragraph 
Rule shall describe the extent of exposure of in- 
dividuals to radiation or to radioactive material, 
including estimates of each individuals dose as 
required by Subparagraph (a)(1) of this Rule; 
levels of radiation and concentrations of radioac- 
tive material involved; the cause of exposure, 
levels of concentrations, and corrective steps 
taken or planned to assure against a recurrence. 

(c) Any report filed with the agency pursuant 
to this Rule shall include, for each individual ex- 
posed, the name, social security number, and 
date of birth: and an estimate of the individuals 
dose. The report shall be prepared so that this 
information is stated in a separate part ot the re- 
port. 

Statutory Authority G.S. 104E-7. 

SECTION .0500 - SAFETY REQUIREMENTS 

FOR INDLSTRFM RADIOGRAPHY 

OPERATIONS 



1390 



6:1<S \ORTH CAROLINA REGLSTER December 16, 1991 



PROPOSED RULES 



.0503 KQl IPMENT RADIATION 
LEVEL LIMITS 

Radiographic exposure devices measuring less 
than four inches from the sealed source storage 
position to any exterior surface of the device shall 
have no radiation level in excess of 50 
milliroentgens per hour at six inches from any 
exterior surface of the device. Radiographic ex- 
posure devices measuring a minimum of four 
inches from the scaled source storage position to 
any exterior surface of the device, and all storage 
containers for sealed sources or outer containers 
for radiographic exposure devices, shall have no 
radiation level in excess of 200 milliroentgens per 
hour at any exterior surface, and ten 
milliroentgens per hour at one meter from any 
exterior surface. The radiation levels specified 
are with the sealed source in the shielded b4¥ po- 
sition. 

Statutory Authority G.S. I04E-7. 



SECTION .0600 



X-RAYS IN THE HEALING 
ARTS 



.060 

(a > 
nition 

(1) 



(2) 
(3) 



(4) 



(5) 



(6) 
(7) 



DEFINITIONS 

\s used in this Section, the following defi- 
s shall apply: 

"Accessible surface" means the external 
surface of the enclosure or housing pro- 
sided by the manufacturer. 

"Added filter" means the filter added to 
the inherent filtration. 

"Aluminum equivalent" means the 
thickness of aluminum, type 1100 alloy, 
affording the same attenuation, under 
specified conditions, as the material in 
question. The nominal composition of 
type 1 100 aluminum alloy is 94.00 percent 
minimum aluminum and 0.12 percent 
copper. 

"Attentuation block" means a block or 
stack, having dimensions 20 cm by 20 cm 
by 3.8 cm. of type 1100 aluminum alloy 
or other materials having equivalent 
attentuation. 

"Automatic exposure control" means a 
device which automatically controls one 
or more technique factors in order to ob- 
tain, at a preselected location(s), a re- 
quired quantity of radiation. Phototimer 
is described separately. 
"Beam axis" means a line from the source 
of x-rays through the centers of the x-ray 
fields. ' 

"Beam-limiting device" means a device 
which provides a means to restrict the di- 
mensions of the x-rav field. 



(8) "Cephalometric device" means a device 
intended for the radiographic visualization 
and measurement of the dimensions of the 
human head. 

(9) "Changeable filters" means any added 
filter which can be removed from the 
useful x-ray beam through any electronic, 
mechanical or physical process. 

(10) "Contact therapy system" means that the 
x-ray tube target is put within five centi- 
meters of the surface being treated. 

(11) "Control panel" means that part of the 
x-ray control upon which are mounted 
the switches, knobs, pushbuttons and 
other hardware necessary for manually 
setting the technique factors. 

(12) "Cooling curve" means the graphical re- 
lationship between heat units stored and 
cooling time. 

(13) "Dead-man switch" means a switch so 
constructed that a circuit closing contact 
can be maintained only by continuous 
pressure on the switch by the operator. 

(14) "Diagnostic source assembly" means the 
tube housing assembly with a device at- 
tached. 

(15) "Diagnostic-type protective tube 
housing" means a tube housing so con- 
structed that the leakage radiation meas- 
ured at a distance of one meter from the 
source does not exceed 100 mR in one 
hour when the tube is operated at its 
leakage technique factors. 

(16) "Diagnostic x-ray system" means an x- 
ray system designed for irradiation of any 
part of the human body tor the puqsose 
of diagnosis or visualization. 

(17) "Direct scattered radiation" means that 
radiation which has been deviated in di- 
rection by materials irradiated by the use- 
ful beam. (Sec also scattered radiation). 

(18) "Entrance exposure rate" means the 
roentgens per unit time at the point where 
the center of the useful beam enters the 
patient. 

(19) "Exposure" means the quotient of dQ 
by dm where "dQ" is the absolute value 
of the total charge of the ions oi~ one sign 
produced in air when all the electrons, 
negatrons and positrons, librated by 
photons in a volume element of air having 
mass "dm" are completely stopped in air. 
The special unit of exposure is the 
roentgen. 

(20) "field emission equipment" means 
equipment which uses an x-ray tube in 
which electron emission from the cathode 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1391 



PROPOSED RULES 



(21) 
(22) 



(23) 

(24) 
(25) 



(26) 



(27) 



(28) 



(29) 



(30; 



is due solely to the aetion of an electric 
field. 

"Filter" means material placed in the 
useful beam to preferentially attentuate 
selected radiations. 

"Fluoroscopic imaging assembly" means 
a subs\ stem in which x-ray photons 
produce a fluoroscopic image. It includes 
the image receptor(s) such as the image 
intensilier and spot-film device, electrical 
interlocks and structural material provid- 
ing linkage between the image receptor 
and the diagnostic source assembly. 

"General purpose radiographic x-ray 
system" means any radiographic x-ray 
system which, by design, is not limited to 
radiographic examination of specific ana- 
tomical regions. 

"Gonad shield" means a protective bar- 
rier used to reduce exposure to the testes 
or ovaries. 

"Half-value layer (HYL)" means the 
thickness of specified material which at- 
tenuates the beam of radiation to an ex- 
tent such that the exposure rate is reduced 
to one-half of its original value. In this 
definition the contribution of all scattered 
radiation, other than any winch might be 
present initially in the beam concerned, is 
deemed to be excluded. 

"Healing arts mass screening" means the 
examination of human beings using x-rays 
for the detection or evaluation of health 
indications when such tests are not spe- 
cifically and individually ordered by a li- 
censed practitioner of the healing arts who 
is legally authorized to prescribe such x- 
ray tests for the purpose of diagnosis or 
treatment. It does not include the use of 
x-ray tests as a requirement for hospital 
admission or as a condition of employ- 
ment. 

"Image intensilier" means a device, in- 
cluding housing, which converts an x-ray 
pattern into a corresponding light image 
of higher energy density. 

"Image receptor" means any device, such 
as fluorescent screen or radiographic film, 
which transforms incident x-ray photons 
either into a visible image or into another 
form which can be made into a visible 
image by further transformations. 

"Inherent filtration" means the filtration 
permanently in the useful beam; it in- 
cludes the window of the x-ray tube and 
any permanent tube or source enclosure. 

"Installation" means the act of physical 
movement of a radiographic system from 



one location to another in conjunction 
with a change of ownership. 

(31) "Lead equivalent" means the thickness 
of lead affording the same attenuation, 
under specified conditions, as the material 
in question. 

(32) "Leakage radiation" means radiation 
emanating from a diagnostic or 
therapeutic source assembly 7 except for: 

(A) the useful beam and 

( B ) radiation produced when the exposure 
switch or timer is not activated. 
(ii) "Leakage technique factors" means the 
technique factors associated with the di- 
agnostic or therapeutic source assembly 
(i.e., tube housing and beam limiting de- 
vice) which are used in measuring leakage 
radiation. They are defined as follows: 

(A) for diagnostic source assemblies in- 
tended for capacitor energy storage 
equipment, the maximum rated peak tube 
potential and the maximum rated number 
of exposures in an hour for operation at 
the maximum rated peak tube potential 
with the quantity of charge per exposure 
being ten millicoulombs (m.Vi) (mC) or 
the minimum obtainable from the unit, 
whichever is larger; 

(B) for diagnostic source assemblies in- 
tended for field emission equipment rated 
for pulsed operation, the maximum rated 
peak tube potential and the maximum 
rated number of x-ray pulses in an hour 
for operation at the maximum rated peak 
tube potential; and 

(C) for all other diagnostic or therapeutic 
source assemblies, the maximum rated 
peak tube potential and the maximum 
rated continuous tube current for the 
maximum rated peak tube potential. 

(34) "Light field" means that area of the 
intersection of the light beam from the 
beam-limiting device and one of the set 
of planes parallel to and including the 
plane of the image receptor, whose per- 
imeter is the locus of points at which the 
illumination is one-fourth of the maxi- 
mum in the intersection. 

(35) "Maximum line current" means the rms 
(root-mean-square) current in the supply 
line of an x-ray machine operating at its 
maximum rating. 

(36) "Mobile equipment" (see x-ray equip- 
ment). 

(37) "Peak tube potential" means the maxi- 
mum value of the potential difference 
across the x-ray tube during an exposure. 



1392 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(38) "Phototimer" means a method for con- 
trolling radiation exposures to image 
receptors by the amount of radiation 
which reaches a radiation monitoring 
dcvice(s). The radiation monitoring 
device(s) is part of an electronic circuit 
which controls the duration of time the 
tube is activated (see also ''Automatic ex- 
posure control"). 

(39) ''Portable equipment" (see x-ray equip- 
ment). 

(40) "Position indicating device (PID)" means 
a device on dental x-ray equipment used 
to indicate the beam position and to es- 
tablish a definite source-skin distance. It 
may or may not incorporate or serve as a 
beam-limiting device. 

(41) "Primary protective barrier" means the 
material, excluding filters, placed in the 
useful beam, for radiation protection pur- 
poses, to reduce the radiation exposure. 

(42) "Protective apron" means an apron made 
of radiation attentuating materials used to 
reduce radiation exposure. 

(43) "Protective barrier" means a barrier of 
radiation attentuating matcrial(s) used to 
reduce radiation exposure. Types of pro- 
tective barriers are defined in Rules 
.0602(41) and .0602(53). 

(44) "Protective glove" means a glove made 
of radiation attentuating materials used to 
reduce radiation exposure. 

(45) "Qualified expert" means an individual 
who has demonstrated to the satisfaction 
of the agency that he possesses the know- 
ledge and training to measure ionizing ra- 
diation parameters, to evaluate safety 
techniques and to advise regarding radi- 
ation protection needs and who is regis- 
tered pursuant to Rule .0205 of this 
Chapter. 

(46) "Radiograph" means an image receptor 
on which the image has been created di- 
rectly or indirectly by an x-ray pattern and 
results in a permanent record. 

(47) "Radiographic imaging system" means 
any system whereby a permanent or 
semi-permanent image is recorded on an 
image receptor by the action of ionizing 
radiation. 

(48) "Rating" means the operating limits as 
specified by the component manufacturer. 

(49) "Recording" means producing a perma- 
nent form of an image resulting from x- 
ray photons such as film and video tape. 

(50) "Registrant'', as used in this Section, 
means any person who owns or possesses 



and administratively controls an x-ray 
system which is used to deliberately ex- 
pose humans or animals to the useful 
beam of the system and is required by the 
provisions contained in Sections .0100 
and .0200 of this Chapter to register with 
the agency. 

(51) "Response time" means the time re- 
quired for an instrument system to reach 
90 percent of its final reading when the 
radiation-sensitive volume of the instru- 
ment system is exposed to a step change 
in radiation flux from zero sufficient to 
provide a steady state mid-scale reading. 

(52) "Scattered radiation'' means radiation 
that, during passage through matter, has 
been deviated in direction. (See also "di- 
rect scattered radiation".) 

(53) "Secondary protective barrier" means a 
barrier sufficient to attenuate the stray ra- 
diation to the required degree. 

(54) "SID" means source-image receptor dis- 
tance. 

(55) "Source" means the focal spot of the x- 
ray tube. 

(56) "Source-image receptor distance (SID)" 
means the distance from the source to the 
center of the input surface of the image 
receptor. 

(57) "Spot film" means a radiograph which is 
made during a fluoroscopic examination 
to permanently record conditions which 
exist during that fluoroscopic procedure. 

(58) "Stationary equipment" (sec x-ray- 
equipment). 

(59) "Stray radiation" means the sum of 
leakage and scattered radiation. 

(60) "Technique factors" means the condi- 
tions of operation. They are specified as 
follows: 

(A) for capacitor energy storage equipment, 
peak tube potential in kV and quantity of 
charge in mAs; 

(B) for field emission equipment rated for 
pulsed operation, peak tube potential in 
kY and number of x-ray pulses: and 

(C) for all other equipment, peak tube po- 
tential in kV and either tube current in 
mA and exposure time in seconds, or the 
product of tube current and exposure time 
in mAs. 

(61) " Therapeutic-type protective tube hous- 
ing" means the tube housing with tube 
installed, and it includes high voltage and 
filament transformers and other appropri- 
ate elements when they are contained 
within that housing. 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1393 



PROPOSED RULES 



(62) "Transportation equipment" means x-ray 
equipment which is installed in a vehicle 
or trailer. 

(63) "Tube" means an x-ray tube, unless 
otherwise specified. 

(64) "Tube housing assembly" means the tube 
housing with tube installed. It includes 
high-voltage and filament transformers 
and other appropriate elements when they 
are contained within the tube housing. 

(65) "Tube rating chart" means the set of 
curves which specify the rated limits of 
operation of the tube in terms of the 
technique factors. 

(66) "Useful beam" means the radiation 
which passes through the tube housing 
port and the aperture of the beam-limiting 
device when the exposure switch or timer 
is activated. 

(67) "Variable-aperture beam-limiting 
device" means a beam-limiting device 
which has capacity for stepless adjustment 
of the x-ray field size at the given SID. 

(68) "Visible area" means that portion of the 
input surface of the image receptor over 
which incident x-ray photons produce a 
visible image. 

(69) "X-ray control" means a device which 
controls input power to the x-ray high- 
voltage generator or the x-ray tube. It 
includes equipment such as timers, 
phototimers. automatic brightness 
stabilizers and similar devices which con- 
trol the technique factors of an x-ray ex- 
posure. 

(70) "X-ray equipment" means an x-ray sys- 
tem, subsystem or component thereof. 

(A) "Mobile equipment" means x-ray 
equipment mounted on a permanent base 
with wheels or casters for moving while 
completely assembled. 

(Bi "Portable equipment" means x-ray 
equipment designed to be hand-carried. 

(C) "Stationary equipment" means x-ray 
equipment which is installed in a fixed 
location. 

(71) "X-ray field" means that area of the 
intersection of the useful beam and any 
one of the set of planes parallel to and 
including the plane of the image receptor, 
whose perimeter is the locus of points at 
which the exposure rate is one-fourth of 
the maximum in the intersection. 

(72) ''X-ray high-voltage generator" means a 
device which transforms electrical energy 
from the potential supplied by the x-ray 
control to the tube operating potential. 



The device may also include means for 
transforming alternating current to direct 
current, filament transformers for the x- 
ray tube(s). high-voltage switches, elec- 
trical protective devices and other 
appropriate elements. 

(73) "X-ray system" means an assemblage of 
components for the controlled production 
of x-rays. It includes minimally an x-ray 
high-voltage generator, an x-ray control, 
a tube housing assembly, a beam-limiting 
device and the necessary supporting 
structures. Additional components which 
function with the system are considered 
integral parts of the system. 

(74) "X-ray subsystem" means any combina- 
tion of two or more components of an 
x-ray system for which there are require- 
ments specified in this Section. 

(75) "X-ray tube" means an electron tube 
which is designed for the conversion of 
electrical energy into x-ray energy. 

(b) Other definitions applicable to this Section 
may be found in Sections .0100 and .0200 of this 
Chapter. 

Statutory Authority G.S. I04E-7. 

.0605 FLUOROSCOPIC X-RAY SYSTEMS 

All fluoroscopic x-ray systems shall meet the 
following requirements: 
( 1 ) Limitation of useful beam 

(a) The fluoroscopic tube shall not produce 
x-rays unless the primary protective bar- 
rier is in position to intercept the entire 
useful beam at all times. 

(b) The entire cross section of the useful beam 
shall be intercepted by the primary pro- 
tective barrier of the fluoroscopic image 
assembly at any SID. 

(c) Limitation to the Imaging Surface 

ri) The x-ray field produced by 

fluoroscopic equipment without image 
intensification shall not extend beyond the 
entire visible area of the image receptor. 
This requirement applies to field size dur- 
ing both fluoroscopic procedures and 
spot-filming procedures. 
(ii) Image-intensified fluoroscopy and 
spot-filming shall comply with the fol- 
lowing: 

(A) During fluoroscopic or spot-filming 
procedures, neither the length nor the 
width of the x-ray field in the plane of 
the image receptor shall exceed the vis- 
ible area of the image receptor by more 
than three percent of the SID. The 
sum of the excess lensth and the excess 



1394 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



width shall be no greater than four per- 
cent of the SID. 
(B) Compliance shall be determined with 
the beam axis perpendicular to the im- 
age receptor. 1 or rectangular x-ray 
fields used with circular image recep- 
tion, the error in alignment shall be de- 
termined along the length and width 
dimensions of the x-ray field which pass 
thorugh the center of the visible area of 
the image receptor. 
(iii) In addition to other requirements of 
this Rule, equipment manufactured after 
the effective date of these Regulations 
shall comply with the following: 

(A) Means shall be provided between the 
source and the patient for adjustment 
of the x-ray field si/e in the plane of the 
film to the size of that portion of the 
film which has been selected on the 
spot-film selector. This adjustment 
shall be automatically accomplished 
except when the x-ray field si/e in the 
plane of the film is smaller than that of 
the selected portion of the film. 

(B) It shall be possible to adjust the x-ray 
field size in the plane of the film to a 
size smaller than the selected portion 
ot the film. The minimum field size at 
the greatest SID. shall be equal to or 
less than five centimeters by fine centi- 
meters. 

(C) The center of the x-ray field in the 
plane of the film shall be aligned with 
the center of the selected portion of the 
film to within two percent of the SID. 

(2) X-ray production in the fluoroscopic mode 
shall be controlled by a device which re- 
quires continuous pressure by the 
fluoroscopist for the entire time of any ex- 
posure. When recording serial fluoroscopic 
images, the fluoroscopist shall be able to 
terminate the x-ray exposure(s) at any time, 
but means may be provided to permit com- 
pletion of any single exposure of the senes 
in process. 

(3) Entrance exposure rates shall be limited as 
required in the following: 

(a) Fluoroscopic equipment shall not be op- 
erated at any combination of tube poten- 
tial and current which will result in an 
exposure rate in excess of ten roentgens 
per minute at the point where the center 
of the useful beam enters the patient, ex- 
cept : 
(i) during recording of fluoroscopic images; 
or 



(ii) when provided with optional high level 
control, the equipment shall not be oper- 
able at any combination of tube potential 
and current which will result in an expo- 
sure rate in excess of five roentgens per 
minute at the point where the center of 
the beam enters the patient unless the 
high level control is activated. Special 
means of activation of high level controls, 
such as additional pressure applied con- 
tinuously by the operator, shall be re- 
quired to avoid accidental use. A 
continuous signal audible to the 
fluoroscopist shall indicate that the high 
level control is being employed. 

(b) In addition to the other requirements of 
this Rule equipment manufactured after 
August, 1974, which does not incorporate 
an automatic exposure control (e.g.. au- 
tomatic brightness control or ionization 
chamber control) shall not be operated at 
any combination of tube potential and 
current which will result in an exposure 
rate in excess of five roentgens per minute 
at the point where the center of the useful 
beam enters the patient except during the 
recording of fluoroscopic images or when 
provided with an optional high level con- 
trol. 

(c) Compliance with the provisions of Sub- 
paragraph (3) of this Rule shall be deter- 
mined as follows: 

(i) Movable grids and compression de- 
vices shall be removed from the useful 
beam during the measurement. 

(ii) If the source is below the table, the 
exposure rate shall be measured one cen- 
timeter above the tabletop or cradle, 
(iii) If the source is above the table, the ex- 
posure rate shall be measured at 30 centi- 
meters above the tabletop with the end of 
the beam-limiting device or spacer posi- 
tioned as closely as possible to the point 
of measurement. 

(iv) In a C-arm type #£ lluoroscope. the 
exposure rate shall be measured 30 centi- 
meters from the input surface of the 
fluoroscopic imaging assembly. 

(d) Periodic measurement of entrance expo- 
sure rate limits shall comply with the fol- 
lowing: 

(i) Such measurements shall be made ev- 
ery two years or after any maintenance of 
the system which might affect the expo- 
sure rate. 
(n) Results of these measurements shall be 
available or posted where any 
fluoroscopist may have ready access to 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1.195 



PROPOSED RULES 



them and shall be in the record required 
in Rule .0603(a)(2)(B) of this Section. 
Results of the measurements shall include 
the exposure rate, as well as the physical 
factors used to determine all data: the 
name of the person approved by the 
agency performing the measurements and 
the date the measurements were per- 
formed, 
(iii) Entrance exposure rate shall be deter- 
mined with the attenuation block in Rule 
.0602(a)(4) in the primary beam. 
(4) Radiation transmitted through the primary 
protective barrier of the fluoroscopic imag- 
ing assembly shall comply with the follow- 
ing requirements: 
(a) The exposure rate resulting from trans- 
mission through the primary protective 
barrier with the attenuation block in the 
useful beam, combined with radiation 
from the image intensifier. if provided, 
shall not exceed two miiliroentgcns per 
hour at ten centimeters from any accessi- 
ble surface of the fluoroscopic imaging 
assembly beyond the plane of the image 
receptor for each roentgen per minute of 
entrance exposure rate, 
(bi Measurements to determine compliance 
with Subparagraph (4)(a) of this Rule 
shall be in accordance with the following: 
(i) The exposure rate resulting from 
transmission through the primary protec- 
tive barrier combined with radiation from 
the image intensifier shall be determined 
by measurements averaged over an area 
of 100 square centimeters with no linear 
dimension greater than 20 centimeters: 
(ii) If the source is below the tabletop. the 
measurement shall be made with the input 
surface of the fluoroscopic imaging as- 
sembly, positioned 30 centimeters above 
the tabletop. 
(iii I If the source is above the tabletop and 
the SID is vanable. the measurement shall 
be made with the end of the beam-limiting 
device or spacer as close to the tabletop 
as it can be placed, provided that it shall 
not be closer than 30 centimeters: 
(iv) Movable grids and compression de- 
vices shall be removed from the useful 
beam during the measurement: 
(v) The attenuation block shall be posi- 
tioned in the useful beam ten centimeters 
from the point of measurement of en- 
trance exposure rate and between this 
point and the input surface of the 
fluoroscopic imaging assembly. 



(5) During fluoroscopy and cinefluorographv, 
x-ray tube potential and current shall be 
continuously indicated. 

(6) The source-skin distance shall not be less 
than: 

(a) 38 centimeters on stationary fluoroscopes, 

(b) 30 centimeters on all mobile fluoroscopes, 
or 

(c) 20 centimeters for image intensified 
fluoroscopes during surgical application. 

(7) Fluoroscopic timers shall meet the follow- 
ing requirements: 

(a) Means shall be provided to preset the cu- 
mulative on-time of the fluoroscopic tube. 
The maximum cumulative time of the 
timing device shall not exceed live minutes 
without resetting. 

(b) A signal audible to the fluoroscopist shall 
indicate the completion of any preset cu- 
mulative on-time. Such signal shall con- 
tinue to sound while x-rays are produced 
until the timing device is reset. 

(8) Mobile fluoroscopes, in addition to the 
other requirements of this Rule, shall pro- 
vide image intensification. 

(9) Scattered radiation shall be controlled in 
accordance with the following requirements: 

(a) A shielding device of at least 0.25 mm lead 
equivalent for covering the Bucky slot 
during fluoroscopy shall be provided. 

(b) A shield of at least 0.25 mm lead equiv- 
alent, such as overlapping protective 
drapes or hinged or sliding panels, shall 
be provided to intercept scattered radi- 
ation which would otherwise reach the 
fluoroscopist and others near the machine. 

(c) Upon application to the agency with ade- 
quate justification, exceptions from Sub- 
paragraphs (9)(a) or (9)(b) of this Rule 
may be made in some special procedures 
where a sterile field will not permit the use 
of the normal protective barriers or where 
the protective barriers would interfere 
with the procedures. 

Statutory Authority G.S. I04E-7. 

.0608 THERAPEUTIC X-RAY 

INSTALLATIONS: LESS THAN 

ONE \lc\ 
(a) Unless specifically provided otherwise by 
the Rules in this Chapter, the requirements in 
this Rule shall apply only to therapeutic x-ray 
installations which are not capable of operating 
at or above one MeV. Therapeutic x-ray equip- 
ment subject to the provisions of this Rule shall 
comply with the following requirements: 



1.196 



6: IS NORTH CAROLINA R EC, ESTER December 16, 1991 



PROPOSED RULES 



( 1 ) When the tube is operated at its leakage 
technique factors, the leakage radiation in 
any direction shall not exceed the value 
specified at the distance specified for the 
classification of that x-ray system. 

(A) I or contact therapy systems, the 
leakage radiation shall not exceed 100 
mR hr at five centimeters from the tube 
housing. 

(B) Systems operating from zero to 150 
kVp which arc manufactured or installed 
prior to the effective date of this Rule shall 
have a leakage radiation which does not 
exceed one R in one hour at one meter 
from the source. 

(C) Systems operating from zero to 150 
kVp which are manufactured on or after 
the effective date of this Rule shall have a 
leakage radiation which does not exceed 
100 mR in one hour at one meter from 
the source. 

(D) Systems operating from 151 to 999 kVp 
shall have leakage radiation which does 
not exceed one R in one hour at one me- 
ter from the source, except systems which 
operate in excess of 500 kVp may have a 
leakage radiation in one hour at one meter 
from the source equivalent to 0.1 percent 
of the exposure in the useful beam in one 
hour at a distance of one meter from the 
source. 

(2) Permanent beam limiting devices used for 
collimating the useful beam shall provide 
the same or higher degree of protection 
as that required by the tube housing as- 
sembly. 

(3) Adjustable or removable beam limiting 
devices shall transmit not more than five 
percent of the useful beam as determined 
at the maximum tube potential and max- 
imum treatment filter. 

(4| The filter system shall be so designed that: 

(A) Filters cannot be accidentally displaced 
from the useful beam at any tube orien- 
tation; 

(B) Each filter is marked as to its material 
of construction and its thickness or wedge- 
angle for wedges; 

(C) It shall be possible for the operator to 
determine the presence of and identity 
each filter and the orientation of each 
wedge filter in the useful beam when the 
operator is positioned at the control panel 
either by display at the control panel or 
by direct observation; 

(D) The filters and filter insertion slot 
opening shall be so designed that the ra- 



diation at five centimeters from the filter 
insertion slot opening does not exceed 30 
roentgens per hour under all operating 
conditions: and 
(E) Each machine equipped with a 
beryllium or other low filtration window 
shall be clearly labeled as such upon the 
tube head housing and upon the control 
panel. 

(5) The tube housing assembly shall be 
immobilized during stationary treatments. 

(6) The tube housing assembly shall be so 
marked that it is possible to determine the 
location of the focal spot to within five 
millimeters and such marking shall be 
readily accessible. 

(7) Equipment of greater than 150 kVp in- 
stalled after the effective date of this Rule 
shall be provided with a beam monitor 
system. 

(8) The exposure timer shall meet the follow- 
ing requirements: 

(A) A timer shall be provided which has a 
display at the treatment control panel. 
The timer shall have a preset time selector 
and shall terminate irradiation when a 
preselected time has elapsed. 

(B) The timer shall switch on and off with 
the radiation and retain its reading after 
irradiation is interrupted or terminated. 

(9) The control panel shall have: 

(A) an indication of whether electrical 
power is present and activation of the x- 
ray tube is possible; 

(B) an indication of whether x-rays are be- 
ing produced; 

(C) the means for indicating k-V- kVp and 
x-ray tube current; 

(D) the means for terminating an exposure 
at any time: 

(E) a locking device which will prevent un- 
authorized use of the x-ray system and, for 
systems not having a lock at the control 
panel, an alternate method of preventing 
unauthorized use. shall be provided; 

(E) for equipment manufactured after the 
effective date of this Rule, a positive dis- 
play of specific filter! s) in the beam. 

(10) WTien a control panel may energize more 
than one x-ray tube: 

(A) It shall be possible to activate only one 
x-ray tube during any one time interval; 

(B) There shall be an indication at the 
control panel identifying which x-ray tube 
can be energized; and 

(C) There shall be an indication at the x-ray 
tube if that tubehead can be eneisized. 



6:18 iXORTH CAROLINA REGISTER December 16, 1991 



1397 



PROPOSED RULES 



(11) There shall be means of determining the 
target to patient distance to within one 
centimeter. 

(12) If exposures are controlled by a timer, 
that timer: 

(A) shall permit the setting of exposure 
times at least as short as one second, and 

(B) shall not permit an exposure if set at 
zero or "off. 

(13) Unless it is possible to bring the x-ray 
exposure rate to its prescribed value 
within five seconds of actuating the x-ray 
"on" control, the tube housing shall be 
fitted with a shutter operable only from 
the control panel, and of lead equivalent 
not less than that of the tube housing. In 
addition: 

(A) the status of the shutter "Beam On". 
"Beam Off or "Shutter Open", "Shutter 
Closed" or equivalent description, shall 
be indicated at the control panel. 

(B) It shall not be possible to initiate an 
exposure sequence unless the shutter has 
first been placed in the "Beam Off or 
"Shutter Closed" position. 

(C) The shutter shall automatically go to 
the "Beam Off or "Shutter Closed" po- 
sition if the exposure is terminated by: 

(i) the operation of the timer, 
(ii) the dose monitoring system, if pro- 
vided, 
(in) the operation of a safety interlock, 

or 
(iv) a power failure, 
(b) In addition to shielding adequate to meet 
requirements of Section .0400 of this Chapter, 
the following treatment room design require- 
ments shall be met: 

( 1 ) Treatment room entrances shall be pro- 
vided with warning lights in a readily ob- 
servable position, which will indicate 
when the useful beam is "on". 

(2) Provision shall be made for two-way 
communication with the patient from the 
control room. 

(3) A system shall be provided to permit 
continuous observation of the patient 
during irradiation and shall be so located 
that the operator may see the patient and 
the control panel from the same position. 

1 4 1 Facilities which contain an x-ray system 

which may be operated above 150 kVp 

shall: 
(At have all necessary shielding, except for 

any beam interceptor, provided by fixed 

barriers: 
(B) have the control panel in a protected 

area which is outside the treatment room: 



(C) have all entrance doors to the treatment 
room electrically connected such that the 
x-ray production cannot be initiated un- 
less all doors are closed and shall cease if 
any door is opened during x-ray pro- 
duction: 

( D) if the radiation output of the x-ray tube 
is affected by any door opening, be so de- 
signed that it is possible to initiate x-ray 
production only by: 

(i) closing all doors and. subsequently, 
(ii) reinitiating the exposure by manual 
action at the control panel. 
(c) Operating procedures, surveys, and cali- 
bration shall comply with the following require- 
ments: 

( 1 ) All new facilities and existing facilities not 
previously surveyed shall have a radiation 
protection survey made by. or under the 
direction of. a qualified expert. This shall 
also be done after any change in the facil- 
ity which might produce a radiation haz- 
ard. The expert shall report his findings 
in writing to the person in charge of the 
facility, and a copy of this report shall be 
transmitted by the registrant to the agency 
at the address in Rule .01 1 1 of this Chap- 
ter. 

(2) The radiation output of each therapeutic 
x-ray machine shall be calibrated by, or 
under the direction of a qualified expert 
who is physically present at the facility 
during the calibration procedure. The 
calibration shall be repeated after any 
change, in or replacement of. components 
of the x-ray generating equipment which 
could cause a change in x-ray output. 
Calibration of the therapy beam shall be 
performed with a measurement instru- 
ment, the calibration of which is traceable 
to national standards for exposure or ab- 
sorbed dose, and which shall have been 
calibrated within the preceding 12 
months. Records of radiation outputs 
shall be provided to and maintained by 
the registrant. 

(3) Each therapeutic x-ray machine shall be 
calibrated as described in Subparagraph 
(c)(2) of this Rule at time intervals not 
exceeding one year. The calibration shall 
include at least the following determi- 
nations: 

(A) the accurate determination of the air 
exposure rate or the dose rate at a refer- 
ence point within a suitable phantom, as 
appropriate: 

(B) the congruence between the radiation 
field and liaht localizer, when such is used; 



139S 



6:I,S SORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(C) the half-value layer for every combina- 
tion of kVp and filter used for radiation 
therapy. 

(4) Therapeutic x-ray systems capable of op- 
eration at greater than 150 kVp. in addi- 
tion to the annual calibration required in 
Subparagraphs (c)(2) and (3) of this Rule, 
shall have spot checks performed. 

(A) The spot check methods and frequency 
shall be designed and in writing by a 
qualified expert. Spot checks shall include 
verification of continued congruency be- 
tween the radiation field and the localizing 
device where an optical field illuminator 
is used. 

(B) Whenever a spot check indicates a sig- 
nificant change in the operating charac- 
teristics of a machine, as specified in the 
qualified expert's spot check design, the 
machine shall be recalibrated as required. 

(C) A log shall be kept of all spot check 
measurements. 

(5) Therapeutic x-ray machines shall not be 
left unattended unless the locking device 
required by Subparagraph (a)(10)(E) of 
this Rule is set to prevent activation of the 
useful beam. 

(6) Except as provided in Rule .0603(a)(1)(H) 
of this Section, no individual other than 
the patient shall be in the treatment room 
during exposures unless he is protected by 
a barrier sufficient to meet the require- 
ments of Rule .0402 of this Chapter, and 
no individual other than the patient shall 
be in the treatment room when the kVp 
exceeds 150 during exposures. 

(7) The tube housing assembly shall not be 
held by hand during operation unless the 
system is designed to require such holding 
and the peak tube potential of the system 
does not exceed 50 kVp. In such cases the 
holder shall wear protective gloves and 
apron of not less than 0.5 mm lead 
equivalency at 100 kVp. 

Statutory Authority G.S. 104E-' ', 104E-I2(a). 

SECTION .0700 - USE OF SEALED 

RADIOACTIVE SOI RCF.S IN THE MEALING 

ARTS 

.070? TELETHERAPY 

(a) Any licensee authorized under Rule .0322 
of this Chapter to use teletherapy units for treat- 
ing humans shall cause full calibration measure- 
ments to be performed on each teletherapy unit. 
( 1 ) Such measurement shall be done at all of 
the following times: 



(A) prior to the first use of the unit for 
treating humans; 

(B) prior to treating humans whenever: 

(i) spot-check measurements indicate that 
the output value differs by more than 
five percent from the value obtained at 
the last full calibration corrected math- 
ematically for physical decay, or 

(ii) following replacement of the radiation 
source or following reinstallation of the 
teletherapy unit in a new location, or 

(iii) following any repair of the telether- 
apy unit that includes removal of the 
source or major repair of the compo- 
nents associated with the source expo- 
sure assembly; and 

(C) at intervals not exceeding one year. 

(2) bull calibration measurements required by 
Subparagraph (a)(1) of this Rule shall in- 
clude determination of: 

(A) the exposure rate or dose rate to an 
accuracy within plus or minus three per- 
cent for the range of field sizes and for the 
range of distances (or for the axis distance) 
used in radiation therapy; 

(B) the congruence between the radiation 
field and the field indicated by the light 
beam localizing device; 

(C) the uniformity of the radiation field and 
its dependence upon the orientation of the 
useful beam; 

(D) timer accuracy: and 

(E) the accuracy of all distance-measuring 
devices used for treating humans. 

(3) Full calibration measurements shall be 
made in accordance with the procedures 
recommended by the Scientific Commit- 
tee on Radiation Dosimetry of the Amer- 
ican Association of Physicists in Medicine 
(Physics in Medicine and Biolosv, Vol. 
16, No. 3. 1971, pp. 379-396). 

(4) The exposure rate or dose rate values de- 
termined in Subparagraph (a)(2)(A) of 
this Rule shall be corrected mathemat- 
ically for physical decay for intervals not 
exceeding one month. 

(5) Full calibration measurements required by 
Subparagraph (a)(1) of this Rule and 
physical decay corrections required by 
Subparagraph (a)(4) of this Rule shall be 
performed by an expert qualified by 
training and experience in accordance with 
Subparagraph (d)( 1) of this Rule. 

(b) Any licensee authorized under Rule .0322 
of this Chapter to use teletherapy units for treat- 
ing humans shall cause spot-check measurements 
to be performed on each teletherapy unit at in- 
tervals not exceeding one month. 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1199 



PROPOSED RULES 



( 1 ) Required spot-check measurements shall 
include determination of: 

(A) timer accuracy; 

(B) the congruence between the radiation 
field and the field indicated by the light 
beam localizing device: 

(C) the accuracy of all distance-measuring 
devices used for treating humans: 

(D) the exposure rate, dose rate, or a 
quantity related in a known manner to 
these rates for one typical set of operating 
conditions; and 

(E) the difference between the measurement 
made in Subparagraph (b)(1)(D) of this 
Rule and the anticipated output, ex- 
pressed as a percentage of the anticipated 
output (i.e.. the value obtained at last full 
calibration corrected mathematically for 
physical decay). 

(2) Required spot-check measurements shall 
be performed in accordance vvtih proce- 
dures established by an expert qualified 
by training and experience in accordance 
with Paragraph (d) of this Rule. 

(c) Any licensee responsible for the perform- 
ance of full calibration and or spot-check meas- 
urements shall be required to calibrate the 
instruments used in making such determinations. 

( 1 ) Full calibration measurements required by 
Paragraph (a) of this Rule shall be per- 
formed using a dosimetry system that has 
been calibrated by the National Bureau 
of Standards or by a Regional Calibration 
Laboratory accredited by the American 
Association of Physicists in Medicine. 
The dosimetry" system shall have been 
calibrated within the previous two years 
and after any servicing that may have af- 
fected system calibration. 

(2) Spot-check measurements required by 
Paragraph (b) of this Rule shall be per- 
formed using a dosimetry system that has 
been calibrated in accordance with Sub- 
paragraph (c)(1) of this Rule. Alterna- 
tively, a dosimetry system used solely for 
spot-check measurements may be cali- 
brated by direct intercomparison with a 
system that has been calibrated in accord- 
ance with Subparagraph (c)(1) of this 
Rule. This alternative calibration method 
shall have been performed within the pre- 
vious one year and after each servicing 
that may have affected system calibration. 
Dosimetry systems calibrated by this al- 
ternative method shall not be used for full 
calibration measurements. 

(d) The licensee shall determine if a person is 
an expert qualified by training and experience to 



calibrate a teletherapy unit and establish proce- 
dures for and review the results of spot-check 
measurements. 

( 1 ) The licensee shall determine that the ex- 
pert is qualified by his: 

(A) being certified by the American Board 
of Radiology in therapeutic radiological 
physics, radiological physics, roentgen-ray 
and gamma-ray physics, or x-ray and 
radium physics; or 

(B) having the following minunum training 
and experience: 

d) a master's or doctor's degree in phys- 
ics, biophysics, radiological physics or 
health physics; 

(ii) one year of full-time training in 
therapeutic radiological physics; and 

(lii) one year of full-time experience in a 
radiotherapy facility including personal 
calibration and spot check of at least 
one teletherapy unit. 

(2) The licensee who has his teletherapy units 
calibrated by persons who do not meet 
the criteria for minimum training and ex- 
perience stated in Subparagraph (d)(1)(B) 
of this Rule may request a license 
amendment excepting them from these 
requirements. 

(A) Such request shall include: 

(i) the name of the proposed qualified 
expert: 

(ii) a description of his training and ex- 
perience including information similar 
to that specified in Subparagraph 
(d)(1)(B) of this Rule; 

(ui) reports of at least one calibration and 
spot-check program based on measure- 
ments personally made by the proposed 
expert within the last ten years; and 

(iv) written endorsement of the technical 
qualifications of the proposed expert 
from personal knowledge by a physicist 
certified by the American Board of 
Radiology in one of the specialities 
listed in Subparagraph (d)(1)(A) of this 
Rule. 

(B) The individuals qualifications will be 
evaluated by the Division of Radiation 
Protection, S e ction. North Carolina De- 
partment of I : nvironment. 1 leallh. and 
Natural 1 Iuman Resources. 

(C) The amendment request must be ad- 
dressed to the agency at the address found 
in Rule .0111 of this Chapter. 

(e) The licensee shall maintain, for inspection 
by the agency, records of the measurements, 
tests, corrective actions, and instrument cali- 
brations made under Paragraphs (a), (b). and (c) 



1400 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



of this Rule, and records of the licensee's evalu- 
ation of the qualified expert's training and expe- 
rience made under (d) of this Rule for the 
following periods of time: 

( 1 ) Records of the full calibration measure- 
ments under (a) of this Rule and the cali- 
bration of the instruments used to make 
these measurements under (c) of this Rule 
shall be preserved for five years after 
completion of the calibration. 

(2) Records of the spot-check measurements 
and corrective actions under (b) of this 
Rule and the calibration of instruments 
used to make spot-check measurements 
under (c) of this Rule shall be preserved 
for two years after completion of the 
spot-check measurements and corrective 
actions. 

(3) Records of the licensee's evaluation of the 
qualified expert's training and experience 
under fd) of this Rule shall be preserved 
for five years after the qualified expert's 
last performance of a full calibration on 
the licensee's teletherapy unit. 

(f) Fach teletherapy room shall be equipped 
with a radiation monitoring device which con- 
tinuously monitors the teletherapy beam condi- 
tion and is equipped with a back-up battery 
power supply for emergency operation. 

( 1 ) This device shall energize a visible signal 
to make the operator continuously aware 
of teletherapy beam conditions in order 
that appropriate emergency procedures 
may be instituted to prevent unnecessary 
radiation exposure. 

(2) Operating procedures shall be modified to 
require daily operational testing of the in- 
stalled radiation monitor. 

(3) If a radiation monitor is inoperable for any 
reason, any person entering the telether- 
apy room shall use a properly operating 
portable radiation survey instrument or a 
personal dosimeter with an audible alarm 
to monitor for any malfunction of the 
source exposure mechanism which may 
have resulted in an exposed or partially 
exposed source. 

(4) Survey instruments or dosimeters shall be 
tested daily before use. 

(g) The licensee shall cause each teletherapy 
unit used to treat humans to be fully inspected 
and serviced during source replacement or at in- 
tervals not to exceed five years, whichever comes 
first, to assure proper functioning of the source 
exposure mechanism. 

(h) Inspection and servicing of the teletherapy 
unit shall be performed by persons specifically 
authorized to perform such services by a specific 



license issued by the agency, the U.S. Nuclear 
Regulatory Commission or an agreement state. 

Statutory Authority G.S. l04E-7(2). 

SF.CTION .0900 - RF.Ql IREMENTS FOR 
PARTICLE ACCELERATORS 

.0<>ll) VENTILATION SYSTEMS 

(a) Adequate ventilation shall be provided in 
areas where airborne radioactivity may be 
produced to comply with Rule .0404 of this 
Chapter. 

(b) The registrant licensee shall not vent, re- 
lease or otherwise discharge airborne radioactive 
material to an unrestricted area in excess of the 
limits specified in Rule .0407 of this Chapter. 

Statutory Authority G.S. 104E-7. 

SECTION .1000 -NOTICES: INSTRUCTIONS: 
REPORTS AND INSPECTIONS 

.1002 POSTING OF NOTICES TO 
WORKERS 

(a) Fach licensee or registrant shall post current 
copies of the following documents: 

( 1 ) the Regulations in this Section and in 
Section .0400 of this Chapter; 

(2) the license, certificate of registration, con- 
ditions or documents incorporated into 
the license by reference and amendments 
thereto; 

(3) the operating procedures applicable to 
work under the license or registration; 

(4) any notice of violation invoking 
radiological working conditions, any order 
issued pursuant to Section .0100 of this 
Chapter and any response from the 
licensee or registrant. 

(b) If posting of a document specified in Sub- 
paragraphs (a)(1), (2) or (3) of this Rule is not 
practicable, the licensee or registrant may post a 
notice which describes the document and states 
where it may be examined. 

(c) The agency form Agency l'orm Dl'S s72ll 
"Notice to Employees" shall be posted by each 
licensee or registrant wherever individuals work 
in or frequent any portion of a restricted area. 

(d) The agency form Agency liinn BIS 5 7 20 
"Notice To Employees" contains information to 
employees regarding employer's responsibility, 
worker's responsibility, the subjects covered by 
this Section, reports on radiation exposure his- 
tory, inspections, and any other information that 
the agency may include. 

(e) Documents, notices or forms posted pur- 
suant to this Rule shall appear in a sufficient 
number of places to permit individuals engaged 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



140 1 



PROPOSED RULES 



in work under the license or registration to ob- 
serve them on the way to or from any particular 
work location to which the document applies, 
shall be conspicuous, and shall be replaced if de- 
faced or altered. 

(f) Agency documents posted pursuant to 
Subparagraph (a)(4) of this Rule shall be posted 
within two working days after receipt of the 
documents from the agency; the licensee's or 
registrants response, if any, shall be posted 
within two working days after dispatch from the 
licensee or registrant. Such documents shall re- 
main posted for a minimum of five working days 
or until action correcting the violation has been 
completed, whichever is later. 

Statutory Authority G.S. I04E-7; 104E-10. 

.1007 REQUESTS FOR INSPECTIONS 

(a) Any worker or representative of workers 
who believes that a violation of the Act. pro- 
visions of this Chapter or license conditions ex- 
ists or has occurred in work under a license or 
registration with regard to radiological working 
conditions in which the worker is engaged, may 
request an inspection by giving notice of the al- 
leged violation to the Chief Director of the Divi- 
sion of Radiation Protection. Section. P.O. Pox 
27687, Raleigh. North Carolina 27611-7687. 
Any such notice shall be in writing, shall set forth 
the specified grounds for the notice, and shall be 
signed by the worker or representative of the 
workers. A copy shall be provided to the licensee 
or registrant by the Chief Director of the Division 
cA_ Radiation Protection Suction no later than at 
the time of inspection except that, upon request 
of the worker giving such notice, his name and 
the name of individuals referred to therein shall 
not appear in such copy or on any record pub- 
lished, released, or made available by the agency, 
except for good cause shown. 

(b) If. upon receipt of such notice, the Chief 
Director of the Division of Radiation Protection 
S e ction determines that the complaint meets the 
requirements set forth in Paragraph (a) oi this 
Rule and that there are reasonable grounds to 
believe that the aliened violation exists or has 
occurred, he shall cause an inspection to be made 
as soon as practicable, to determine if such al- 
leged violation exists or has occurred. In- 
spections pursuant to this Rule need not be 
limited to matters referred to in the complaint. 

(c) No licensee or registrant shall discharge or 
in any manner discriminate against any worker 
because such worker has filed any complaint or 
instituted or caused to be instituted any pro- 
ceeding under this Chapter or has testified or is 
about to testifv in anv such proceeding or be- 



cause of the exercise by such worker on behalf 
of himself or others of any option afforded by 
this Section. 

Statutory Authority G.S. 104E-7; I04E-10. 

.1008 INSPECTIONS NOT WARRANTED 

(a) If the Chief Director of the Division of 
Radiation Protection Section determines, with 
respect to a complaint under Rule .1007 of this 
Section that an inspection is not warranted be- 
cause there are no reasonable grounds to believe 
that a violation exists or has occurred, the Chief 
Director of the Division of Radiation Protection 
Section shall notify the complainant in writing 
ot such determination. I he complainant may 
obtain review of such determination by submit- 
ting a written statement of position with the Di- 
rector t4 t+*f Dis i -. ion ef 1 itcility S e rvice" . . 
Secretary. Pep ailment of I nvironment. 1 lealth. 
and Natural Resource: P.O. Box 27687, 
Raleigh. North Carolina 27611-7687. who will 
provide the licensee or registrant with a copy of 
such statement by certified mail, excluding, at the 
request of the complainant, the name of the 
complainant. The licensee or registrant may 
submit an opposing written statement of position 
w ith the Director h+ t4*e Division e+ facility S-e+- 
s ice '. Secretary, Department o[ I -"nvironment. 
Health, and Natural Resources who will provide 



the complainant with a cop) of such statement 
by certified mail. Upon the request of the 
complainant, the Director <-4 t-l+e Division t4 Pa- 
cilitv Service -. Secretary, Department of f nvi- 
ronment. I lealth. and Natural Resources may 
hold an informal conference in which the 
complainant and the licensee or registrant may 
orally present their views. An informal confer- 
ence may also be held at the request of the 
licensee or registrant, but disclosure of the iden- 
tity of the complainant will be made only fol- 
lowing receipt of wntten authorization from the 
complainant. After considering all written or 
oral views presented, the Director ©f t4+e- Dn i -. ion 
t4" facility Servic e-. Secretary. Department o{ 
I 'nvironment. I lealth. and Natural Resources 
shall affirm, modify, or reverse the determination 
of the Chief Director o( the Division of Radi- 
ation Protection Section and furnish the 
complainant and the licensee or registrant a 
written notification of his decision and the reason 
therefor. 

(b) If the Chi e f Director of the Division of 
Radiation Protection Section determines that an 
inspection is not warranted 

because the requirements ol~ Rule .1007(a) of 
this Section have not been met. he shall notify 
the complainant in writing of such dctermi- 



1402 



6: IS NORTH CAROLINA REGISTER Dec ember 16. 1991 



PROPOSED RULES 



nation. Such determination shall be without 
prejudice to the filing of a new complaint meet- 
ing the requirements of Rule .11107(a) of this 
Section. 

Statutory Authority G.S. l04E- r ; /04E-/0. 

SECTION .1100 -IKES 

.1102 PAYMENT OLE 

(a) All fees established in this Section shall be 
due on the effective date of this Rule and on the 
first day of July of each subsequent year. 

(b) Notwithstanding (a) of this Rule, when a 
new license or registration is issued by the agency 
after the first day of July of any year, the initial 
fee shall be due on the date of issuance of the li- 
cense or registration. 

(c) The initial fee in (b) of this Rule shall be 
computed as follows: 

(1) When any new license or registration is 
issued before the first day of January of 
any year, the inital fee shall be the full 
amount specified in Rule .1105 of this 
Section; and 

(2) When any new license or registration is 
issued on or after the first day of January 7 
of any year, the initial fee shall be one-half 
of the amount specified in Rule .1105 of 
this Section. 

(d) All fees received by the agency pursuant to 
provisions of this Section shall be nonrefundable. 

(e) Fach licensee or registrant shall pay all fees 
by check or money order made payable to "Di- 
vision of Facility Sefviees Radiation Protection" 
and mail «+ deliver such payment to: Division 
of Radiation Protection. Section. Division t+f 
facility Sorvici' ; ' . . N.C*. North Carolina Depart- 
ment of Fnvironment. Health, and Natural -H-h— 
man Resources. -7+M- Harbour Drivo, P_ 0_ Box 
276X7, Raleigh. North Carolina 3760.1 201 I V , 
276| 1-7687. Such payment mav be delivered to 
the agency at its office located at^ 3825 Barrett 
Drue. Raleigh. North Carolina 27609-7221. 



Statutory Authority G.S. 104E-9(8): 104E- 19(a). 

SECTION .1200 - LAND DISPOSAL OF 
RADIOACTIVE WASTE 

.1202 DEFINITIONS 

As used in this Section, the following definitions 
shall apply. 
(1) ''Active maintenance" means any signif- 
icant remedial activity needed during the 
period of institutional control to maintain a 
reasonable assurance that the performance 
objectives in Rules .1223 and .1224 of this 
Section are met. Such active maintenance 



includes ongoing activities such as the 
pumping and treatment of water from a dis- 
posal unit or one-time measures such as re- 
placement of a disposal unit cover. Active 
maintenance does not include custodial ac- 
tivities such as repair of fencing, repair or 
replacement of monitoring equipment, re- 
vegetation, minor additions to sod cover, 
minor repair of disposal unit covers, and 
general disposal site upkeep such as mowing 
grass. 

(2) "Buffer /one" is a portion of the disposal 
site that is controlled by the licensee and that 
lies under the disposal units and between the 
disposal units and the boundary of the site. 

(3) "Chelating agent" means amine 
polycarboxylic acids (e.g.. I Dl A. DTPA), 
hydroxy-carboxylic acids, and 
polycarboxylic acids (e.g., citric acid, 
carbolic acid, and gluconic acid). 

(4) "Commencement of construction" means 
clearing of land, excavation, or other sub- 
stantial action that would adversely affect 
the environment of a land disposal facility. 
The term does not mean disposal site ex- 
ploration, necessary roads for disposal site 
exploration, borings to determine founda- 
tion conditions, or other preconstruction 
monitoring or testing to establish back- 
ground information related to the suitability 
of the disposal site or the protection of en- 
vironmental values. 

(5) "Custodial agency" means the North 
Carolina 1 ow-I evel Radioactive Waste 
Management Authority. 

(6) "Disposal" means the isolation of waste 
from the biosphere inhabited by man and 
his food chains by emplacement in a land 
disposal facility. 

(7) "Disposal site" means that portion of a 
land disposal facility which is used for dis- 
posal of waste. It consists of disposal units 
and a buffer zone. 

(S) "Disposal system" means the components 
relied on to ensure that the land disposal fa- 
cility meets the performance objectives and 
other requirements of this Section. 1 hese 
components include the site and its charac- 
teristics, the facility and disposal unit design, 
and engineered barriers therein, the waste, 
facility operations and closure, intruder bar- 
riers and institutional control. 

(4) "Disposal unit" means a discrete portion 
of the disposal site into which waste is 
placed for disposal. For near-surface dis- 
posal, the disposal unit is usually a trench. 
(10) "Engineered barrier" means engineered 
barrier as defined in G.S. 104E-5(7a). 



6:1S NORTH CAROLINA REGISTER December 16, 1991 



1401 



PROPOSED RULES 



(11) "Explosive material" means any chemical 
compound, mixture, or device, which 
produces a substantial instantaneous release 
of gas and heat spontaneously or by contact 
with sparks or flame. 

(12) "Government agency" means any execu- 
tive department, commission, independent 
establishment, or corporation, wholly or 
partly owned by the United States of Amer- 
ica or the State of North Carolina and which 
is an instrumentality of the United States or 
the State of North Carolina; or any board, 
bureau, department, division, service, office, 
officer, authority, administration, or other 
establishment in the executive branch of the 
government. 

(13) "Hazardous waste" means those wastes 
designated as hazardous by U.S. Environ- 
mental Protection Aszencv regulations in 40 
CFR Part 261. 

(14) "Hydro geologic unit" means any soil or 
rock unit or zone which by virtue of its 
porosity or permeability, or lack thereof, has 
a distinct influence on the storage or move- 
ment of groundwater. 

(15) "Inadvertent intruder" means a person 
who might occupy the disposal site after 
closure and engage in normal activities, such 
as agriculture, dwelling construction, or 
other pursuits in which the person might be 
unknowingly exposed to radiation from the 
waste. 

( 16) "Intruder barrier" means a sufficient depth 
of cover over the waste that inhibits contact 
with waste and helps to ensure that radiation 
exposures to an inadvertent intruder will 
meet the performance objectives set forth in 
tlus Section, or engineered stuctures that 
provide equivalent protection to the inad- 
vertent intruder. 

(17) "Institutional control" means control of 
the site after the site is closed and stabilized 
and responsibility for all disposed waste and 
site maintenance is assumed by the custodial 
agency. 

(18) "Land disposal facility" means low-level 
radioactive waste disposal facilitv as defined 
in G.S. 104E-5(9c). 

(19) "Low-level radioactive waste" means 
low-level radioactive waste as defined in 
G.S. 104E-5(9a) and includes naturally oc- 
curring and accelerator produced radioactive 
material which is not subject to regulation 
by the U.S. Nuclear Regulatory Commis- 
sion under the Atomic Energy Act of 1954, 
as amended, and is suitable for land disposal 
under the provisions in this Section. 



(20) "Mixed waste" means waste that satisfies 
the definition of low-level radioactive waste 
in Subparagraph (19) of this Rule and con- 
tains hazardous waste that either fo on 

(a) is listed as a hazardous waste in Subpart 
Dof 40 CFR Part 261 or 

(b) causes the low-level radioactive waste to 
exhibit any of the hazardous waste char- 
acteristics identified in Subpart C of 40 
CFR Part 261. 

(21) Monitoring" means observing and 
making measurements to provide data to 
evaluate the performance and characteristics 
of the disposal site. 

(22) "Near-surface disposal facility" means a 
land disposal facility in which waste is dis- 
posed of within approximately the upper 30 
meters of the earth's surface. 

(23) "Reconnaissance level information" is any 
information or analysis that can be retrieved 
or generated without the performance of 
new comprehensive site-specific investi- 
gations. Reconnaissance level information 
includes but is not limited to drilling records 
required by state agencies, such as the J^e- 
purtiiK ' nt t4 Natural Resettles cm4 Com 
munity Do' i olopnumt. other Divisions of 
this Department, and other relevant pub- 
lished scientific literature. 

(24) "Retrieval" means a remedial action for 
removal of Class B and C waste from a dis- 
posal unit. 

(25) "Shallow land burial" means shallow land 
burial as defined in G.S. 104E-5( 14a). 

(26) "Site closure and stabilization" means 
those actions that are taken upon com- 
pletion of operations that prepare the dis- 
posal site for custodial care and that assure 
that the disposal site will remain stable and 
will not need ongoing active maintenance. 

(27) "State" means the State of North 
Carolina. 

(28) "Surveillance" means monitoring and ob- 
servation oi the disposal site for purposes of 
visual detection of need for maintenance, 
custodial care, evidence of intrusion, and 
compliance with other license and regulatory 
requirements. 

(29) "Waste" means low-level radioactive waste 
that is acceptable for disposal in a land dis- 
posal facility. For the purpose of this Sec- 
tion, the words "waste" and "low-level 
radioactive waste" have the same meaning. 



Staiutoty Authority 
104E-I0; 1 CUE- 25. ' 



G.S. 104E-5: 104E- 



.1206 SPECIFIC TECHNICAL INFORMATION 



1404 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(a) The specific technical information shall in- 
clude the following information needed for dem- 
onstration that the performance objectives and 
the applicable technical requirements of this 
Section will be met: 

( 1 J a description of the principal design cri- 
teria and their relationship to the per- 
formance objectives, along with 
identification of operating facilities of the 
same or similar design; 

(2) a description of the design basis natural 
events or phenomena and their relation- 
ship to the principal design criteria; 

(3) a description of codes and standards 
which the applicant has applied to the 
design and which will apply to con- 
struction of the land disposal facility; 

(4) a description of the design features of the 
land disposal facility, the disposal units 
and engineered barriers, to include those 
design features related to .fo on 

(A) infiltration of water; 

(B) leachate collection and removal; 

(C) integrity of covers for disposal units and 
structural stability of backfill, engineered 
banners, and covers; 

(D) contact of wastes with standing water 
and groundwater; 

(E) disposal site drainage; 

(F) disposal site closure and stabilization; 

(G) elimination to the extent practicable of 
long-term disposal site maintenance, in- 
advertent intrusion, occupational expo- 
sures, and disposal site monitoring; 

(II) adequacy of the size of the buffer zone 
for monitoring and potential mitigative 
measures; and 

(I) retrieval; 

(5) a description of the construction and op- 
eration of the land disposal facility, to in- 
clude, as a minimum: 

(A) the methods of constmction of disposal 
units and engineered barriers; 

(B) waste emplacement: 

(C) the procedures for and areas of waste 
segregation; 

(D) accurate drawings and descriptions of 
on-site buildings including, but not lim- 
ited to, construction, foundation details. 
ventilation, plumbing and fire suppression 
systems, and proximity to creeks or 
culverts; 

(F) types of intmder barriers; 

(F) on-site traffic and drainage systems; 

(G) physical security system; 

(II) survey control program; 

(I) methods and areas of waste storage; 



(J) facilities for and methods of handling 
waste including improperly packaged 
shipments; 

(K) methods to control surface water and 
groundwater access to the wastes; 

( I ) methods to be employed in the handl- 
ing and disposal of wastes containing 
chelating agents or other nonradiological 
substances that might affect the meeting 
of the performance objectives of this Sec- 
tion: and 

(\1) a flow diagram of waste handling and 
disposal operations, a description and ac- 
curate drawings of handling equipment, 
and any special handling techniques to be 
employed; 

(6) a description of the types, chemical and 
physical forms, quantities, classification, 
and specifications of the radioactive ma- 
terial proposed to be received, possessed, 
handled, and disposed of at the land dis- 
posal facility, which shall include: 

(A) estimated volume and activity of each 
waste class to be received annually at the 
facility, and 

(B) method for control of the rate at which 
waste is received; 

(7) a description of the quality control pro- 
gram, including audits and managenal 
controls, for the determination of natural 
disposal site characteristics and for quality 
control during the design, construction, 
operation, and closure of the land disposal 
facility and during the receipt, handling, 
and emplacement of waste; 

(8) a description of the radiation safety pro- 
gram for control and monitoring of ra- 
dioactive effluents to ensure compliance 
with the performance objective in Rule 
.1223 of this Section and occupational ra- 
diation exposure to ensure compliance 
with the requirements of Section .0400 of 
this Chapter and to control contamination 
of personnel. vehicles, equipment, 
buildings, and the disposal site; which de- 
scription shall address 

(A) both routine operations and accidents; 
and 

(B) procedures, instrumentation, facilities, 
and equipment; 

(9) an emergency response plan which ad- 
dresses: 

(A) on-site response; 

(B) public alert and notification; 

(C) roles of local, county, state and regional 
agencies; 

(D) training and public information: and 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1405 



PROPOSED RULES 



(E) If available, copies of most current 
emergency response plans submitted to 
the U.S. Nuclear Regulatory Commission 
or an agreement state; 

(10) a manual of operating procedures and 
emergency procedures including, but not 
limited to, those for fires, spills or other 
events which result in contamination; 

(11) a description of the administrative pro- 
cedures that the applicant will apply to 
control activities at the land disposal fa- 
cility including hours of proposed opera- 
tion; 

(12) a description of the radiation protection 
program including provisions for keeping 
radiation doses to workers and to mem- 
bers of the public as low as reasonably 
achievable (ALAR A) and within applica- 
ble limits specified in the Rules of this 
Chapter; 

(13) a description of the natural and demo- 
graphic disposal site characteristics as de- 
termined by disposal site selection and 
characterization activities where the de- 
scription must include geologic, 
geotcchnical, hydrologic. meteorologic, 
climatologic. air quality, natural radiation 
background and biotic features of the dis- 
posal site and vicinity; where the site 
characterization shall include sufficient 
and suitable data for design and perform- 
ance analysis; and where the minimum 
requirements include, but are not limited 
to, the following: 

(A) geologic description to include: 

(i) regional geologic framework including 
stratigraphy, tectonics, structure, 
physiography, seismology and 

geomorphology; 

(ii) site specific stratigraphy, lithology, 
structural geology, geochemistry, to- 
pography, and an analysis of landforms 
including any evidence of destructive 
geomorphic processes; 

(iiil a regional geologic map at a scale of 
1:62,500; 

(iv) a site specific topographic map at a 
scale of 1:1,200: and 

(v) a site specific geologic map at a scale 
of 1:1.200 with accompanying cross- 
sections; 

(B) geotechnical description to include: 

(i) soil and saprolite characteristics related 
to slope stability, cover integrity, ero- 
sion, compaction characteristics for 
backfill materials, foundation analyses, 
gradations for proposed liltiT filler ma- 



terial, and possible interactions between 
the soils and waste containers; and 
(ii) bedrock characteristics related to 
foundation analyses and hydrology; 

(C) hydrologic description to include: 

(i) surface water hydrology including the 
upstream drainage area contributing 
flow across the site and the downstream 
drainage area to a distance of approxi- 
mately ten miles; 

(ii) an inventory of existing surface water 
users and public water supplies within 
approximately ten miles downstream of 
the site; 

(iii) an inventory of potential surface 
water impoundments that will be pre- 
cluded by siting of a disposal facility; 

(iv) an inventory and description of all 
significant hydrologic units underlying 
the site to a depth of 100 feet below the 
level of waste disposal; 

(v) site specific data sufficient to describe 
the characteristics, present water qual- 
ity, occurrence and movement of water 
in both the unsaturated and saturated 
zones: 

(vi) an inventors" of existing groundwater 
users within approximately two miles 
of the site, both from groundwater wells 
and at points of groundwater discharge, 
e.g. springs; 

(vii) identification of the nearest down- 
gradient groundwater users and the 
nearest municipal supply relying on 
groundwater; and 

(viii) an inventory of potential 

groundwater supplies that will be pre- 
cluded by siting of a disposal facility; 

(D) meteorologic description to include: 

(i) determination of a water budget for 
the disposal site; 

(ii) typical weather patterns: and 

(iiil determination of the frequency, 
probability, and potential consequences 
of severe meteorological phenomena; 
(I ■') climatologic description to include: 

(i) normal seasonal fluctuations and ex- 
tremes predicated from historical re- 
cords; 

(ii) air temperatures and soil temper- 
atures; 

(in) frost penetration; and 

(iv) solar radiation; 
(I) air quality description to include: 

(i) measurement of suspended 

particulates; and 

(ii) the level of airborne radionuclides 
contributed bv atmospheric fallout, na- 



1406 



6: IS NORTH CAROLINA RE(,ISTER December 16, 1991 



PROPOSED RULES 



tural radiation released from the soil, 

and agricultural activities; 
(G) natural radiation background de- 
scription to include: 
(i) sampling of air, soil (both on and off 

site), water (both on and off site), flora, 

fauna, and farm products (including 

grains and milk); and 
(ii) both total background and contrib- 
ution from individual radionuclides; 

and 
(II) biotic description to include: 

(i) an accurate, site-specific inventory of 

flora and fauna in and within three 

miles of the site; 
(ii) inventory and distribution of livestock 

and crops within three miles of the site; 

(14) an identification of the known natural 
resources at the disposal site, whose ex- 
ploitation could result in inadvertent in- 
trusion into the wastes after removal of 
active institutional control; 

(15) a description of baseline, operational, and 
long-term environmental monitoring pro- 
grams to include: 

(A) inspection and monitoring of waste 
packages prior to disposal; 

(B) criteria and procedures to stop accept- 
ance of waste at the facility, including 
action levels; and 

(C) if available, a copy of the last environ- 
mental monitoring reports tiled with the 
U.S. Nuclear Regulatory Commission or 
agreement state program or other author- 
ities; 

(16) decontamination, decommissioning and 
site closure plans, including: 

(A) those design features which are in- 
tended to facilitate disposal site closure 
and to eliminate the need for ongoing ac- 
tive maintenance: 

(B) schedule; 

(C) procedure, including documentation 
that procedure is effective; and 

(D) radioactive waste disposal plan; and 

(17) a description of an action plan which 
would be implemented in the event of 
unforeseen differences between expected 
and actual behavior of the disposal system 
and which includes: 

(A) a description of conditions which re- 
quire remedial action, such as: 
(i) erosion and other damage to the sta- 
bility of the site; 
(ii) failure of physical security features, 

equipment or procedures; 
(ih) deterioration of trench or disposal 
unit covers: 



(iv) deterioration of leachate collection 

system; 
(v) clogging or siltation of monitoring 

and observation wells; 
(vi) the presence of leachate in individual 

disposal units; 
(vii) the migration of disposed radioactive 

material; 
(viii) changes in site characteristics or 

other events which cause or threaten to 

cause failure of the facility to meet the 

performance objectives of this Section; 
(ix) specific action levels, events or other 

conditions for which the licensee will 

institute specific remedial actions; and 
(x) presence of radioactive concentrations 

in groundwater above preoperationally 

determined background; 

(B) provisions for early identification of 
conditions requiring remedial action, such 
as: 

(i) detection of water in any disposal unit; 

(ii) detection of radioactive contam- 
ination in ground water with sufficient 
sampling locations and frequencies to 
permit identification of the disposal 
umt(s) causing the contamination; 

(lii) establishment of specific sampling 
locations, sampling frequencies and 
sample types as part of the licensee's 
environmental monitoring program: 

(iv) methods and frequencies for de- 
tection of water or leachate in disposal 
units or trenches; 

(v) any methods and associated frequen- 
cies for inspecting, testing, maintaining 
or otherwise assessing the condition and 
performance of disposal units, trenches 
and covers; 

(vi) method and frequency for monitor- 
ing condition and physical stability of 
the site; 

(vii) any special monitoring, inspection 
or testing which the licensee will insti- 
tute in response to specific natural or 
man-made occurrences which may af- 
fect the ability of the facility to meet the 
performance objectives of this Section; 
and 

(viii) any periodic or ongoing evaluation 
of site characteristics or changes in site 
characeristics which relate to the ability 
of the facility to meet the performance 
objectives of this Section; 

(C) a description of the corrective measures 
that will be taken to correct the condition 
and otherwise assure compliance with the 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1407 



PROPOSED RULES 



performance objectives and technical re- 
quirements of this Section, such as: 

(i) continued vigilance; 

(ii) water and leachate detention; 

(iii) pumping or repair of the disposal 
unit; 

(iv) procedures for timely repair or waste 
retrieval after problem detection; 

(v) redesign of disposal units; 

(vi) repair or redesign of engineered bar- 
riers; 

(vii) revision of site operating procedures, 
site personnel training, waste segre- 
gation practices, and monitoring and 
testing programs; 

(viii) revision of disposal methodology; 
and 

(ix) revision of site waste acceptability 
criteria; and 
(D) identification of facility features which 

facilitate remedial actions, such as: 

( 1 ) design of disposal units and engineered 
barriers which allows access for reme- 
dial action; and 

(ii) other features necessary to implement 
the action plan. 

(b) Pnor to implementation of detailed site in- 
vestigations, the applicant or the North Carolina 
Low-Level Radioactive Waste Management .Au- 
thority shall develop a site characterization plan 
and submit it for approval by the agency to en- 
sure that: 

( 1 ) all available data on the site is obtained; 

(2) unnecessary laboratory and field investi- 
gations are not done; 

(3) required or desired data is obtained: 

(4) a proper sequencing and timely acquisition 
of the required or desired data is planned 
and executed; 

(5) site survey data stations will be designed 
and located, insofar as feasible, so as to 
serve as planned permanent monitoring 
stations as necessary; and 

(6) technical and administrative coordination 
of laboratory and field efforts is planned 
and executed. 

(c) As site characterization proceeds, the ap- 
plicant or the North Carolina Low -I evel Radio- 
active Waste Management Authority and the 
agency shall together review the site character- 
ization results and the site characterization plan 
at least once every 90 days to ensure that the plan 
is still valid. The site characterization plan shall 
be modified as required by the agency. 

(d) Time-variant site charactenstics that require 
site-specific measurements shall be measured at 
such frequency and duration so as to adequately 
define the seasonal range of the values. The 



minimum period of measurement shall be one 
year and shall be supplemented, where possible, 
with regional data covering a longer time period. 

Statutory Authority G.S. 104E-7; W4E-9(3); 
104E- 10(b); 104E-25; 104E-26. 

.1229 SITE DESIGN FOR LAND DISPOSAL 

(a) Shallow land burial is prohibited as pro- 
vided in G.S. 104E-20(b). 

(b) Site design features shall be directed toward 
long-term isolation and avoidance of the need for 
continuing active maintenance after site closure. 

(c) The disposal site design and operation shall 
be compatible with the disposal site closure and 
stabilization plan and lead to disposal site closure 
that provides reasonable assurance that the per- 
formance objectives of this Section will be met. 

(d) The disposal site shall be designed to com- 
plement and improve, where appropriate, the 
ability of the disposal site's natural characteristics 
to assure that the performance objectives of this 
Section will be met. 

(e) Covers shall be designed to minimize water 
infiltration, to direct percolating or surface water 
away from the disposed waste, and to resist de- 
gradation by surface geologic processes and biotic 
activity. 

(f) Surface features shall direct surface water 
drainage away from disposal units at velocities 
and gradients which will not result in erosion that 
will require ongoing active maintenance. 

(g) The disposal site shall be designed to mini- 
mize the contact of water with waste during 
storage, the contact of standing water with waste 
during disposal, and the contact of percolating 
or standing water with wastes after disposal. 

(h) The disposal units shall incorporate engi- 
neered barriers. The disposal units and incorpo- 
rated engineered barriers shall be designed and 
constructed to meet the performance objectives, 
technical requirements and design criteria in G.S. 
104L-25 and the following additional require- 
ments: 

( 1) The engineered barriers shall provide rea- 
sonable assurance that they will compli 
ment complement, and where appropriate 
improve, the land disposal facility's ability 
to isolate the radioactive waste through 
the institutional control period: 

(2) Pngineered burner structural integrity shall 
be maintained under normal and abnor- 
mal conditions of operation; 

(3) Engineered barriers shall prevent contact 
between the surrounding earth and the 
waste, except for earth that may be used 
as fill material within the disposal unit: 
and 



1408 



6: IS SORTH CAROLINA REGISTER December 16, 1991 



PROPOSED RULES 



(4) The disposal units shall be constructed or 
emplaeed in a manner which will ensure 
that the bottom of the disposal facility is 
at least seven feet above the seasonal high 
water table or more if necessary to meet 
the performance objectives of this Section, 
(i) The licensee shall develop, operate and 
maintain the site in a manner that will not di- 
minish the hydrogcological performance of the 
site below the requirements contained in the 
Rules of this Section. 



Statutory Authority 
I04E-25; 104E-26. ' 



G.S. I04E- 



IQ4E-10; 



SECTION .1300 - KKQl IKKMKMS FOR 

WIRELINE-SERVICE OPERATORS AND 

SUBSURFACE-TRACER STUDIES 

.1324 NOTIFICATION OF INCIDENTS: 

ABANDONMENT: AND LOST SOL RCES 

(a) The licensee shall comply with the applica- 
ble notification requirements m Section .0400 of 
this Chapter for incidents and sources lost in 
other than downhole logging operations. 

(b) Whenever a sealed source or device con- 
taining radioactive material is lodged downhole, 
the licensee shall: 

( 1 ) monitor at the surface for the presence of 
radioactive contamination with a radi- 
ation survey instrument or logging tool 
during logging tool recovery operations; 
and 

(2) notify the agency immediately by tele- 
phone if radioactive contamination is de- 
tected at the surface or if the source 
appears to be damaged. 

(c) When it becomes apparent that efforts to 
recover the radioactive source will not be suc- 
cessful, the licensee shall: 

( 1 ) advise the well-operator of the rules of the 
appropriate state agency with jurisdiction 
over abandonment and appropriate 
method of abandonment, which shall in- 
clude: 

(A) the immobilization and sealing in place 
of the radioactive source with a concrete 
plug; 

(B) the setting of a whipstock or other de- 
flection device; and 

(C) the mounting of a permanent identifi- 
cation plaque, at the surface of the well, 
containing the appropriate information 
required by (d) of this Rule; 

(2) notify the agency by telephone, giving the 
circumstances of the loss and requesting 
approval of the proposed abandonment 
procedures; and 



(3) file a written report with the agency within 
30 days of the abandonment, setting forth 
the following information: 

(A) date of occurrence and a brief de- 
scription of attempts to recover the 
source; and 

(B) a description of the radioactive source 
involved, including radionuclide, quantity, 
and chemical and physical form; 

(i) surface location and identification of 
well, 

(ii) results of efforts to immobilize and 
set the source in place, 

(iii) depth of the radioactive source, 

(iv) depth of the top of the cement plug, 

(v) depth of the well, and 

(vi) information contained on the per- 
manent identification plaque. 

(d) Whenever a sealed source containing ra- 
dioactive material is abandoned downhole. the 
licensee shall provide a permanent plaque for 
posting the well or well-bore. This plaque shall: 

(1) be constructed of long-lasting material, 
such as stainless steel or monel, and 

(2) contain the following information en- 
uaved on its face; 

(A) the word "CAUTION"; 

(B) the radiation symbol without the con- 
ventional color requirement; 

(C) the date of abandonment; 

(!)) the name of the well-operator or well 

owner; 
(I) the well name and well identification 

number(s) or other designation: 

(F) the sealed source(s) by radionuclide and 
quantity of activity; 

(G) the source depth and the depth to the 
top of the plug; and 

(H) an appropriate warning, depending on 
the specific circumstances of each aban- 
donment, which may include: 
(i) "Do not drill below plug back 

depth", 
(ii) "Do not enlarge casing", or 
(iii) "Do not re-enter the hole" before 
contacting the North Carolina Division 
of Radiation Protection Section at the 
address in Rule .0111 of this Chapter. 

(e) The licensee shall immediately nofity the 
agency by telephone and subsequently by con- 
firming letter if the licensee knows or has reason 
to believe that radioactive material has been lost 
in or to an underground potable water source. 
Such notice shall designate the well location and 
shall describe the magnitude and extent of loss 
of radioactive material, assess the consequences 
of such loss, and explain efforts planned or being 
taken to mitigate the consequences. 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



1409 



PROPOSED RULES 



Statutory Authority G.S. 104E-7. 

SECTION .1400 -TANNING FACILITIES 

.1403 DEFINITIONS 

As used in this Section, the following definitions 
shall apply: 

( 1 ) " Agency" means the North Carolina De- 
partment of Environment, Health, and Na- 
tural 1 luman Resources. 

(2) "Consumer" means any individual who is 
provided access to a tanning facility which 
is required to be registered pursuant to pro- 
visions of this Section. 

(3) 'individual" means any human being. 

(4) "Operator" means any individual desig- 
nated by the registrant to operate or to assist 
and instruct the consumer in the operation 
and use of the tanning facility or tanning 
equipment. 

(5) "Person" means any individual, corpo- 
ration, partnership, firm, association, trust, 
estate, public or private institution, group, 
agency, political subdivision of this state. 
any other state or political subdivision or 
agency thereof, and any legal successor, rep- 
resentative, agent or agency of these entities. 

(6) "Registrant" means any person who is 
registered with the agency as required by 
provisions of this Section. 

(7) "Registration" means registration with the 
agency in accordance with provisions of this 
Section. 

(8) "Tanning equipment" means ultraviolet 
or other lamps and equipment containing 
such lamps intended to induce skin tanning 
through the irradiation of any part of the 
living human body with ultraviolet radi- 
ation. 

(9) "Fanning facility" means any location. 
place, area, structure or business which pro- 
vides consumers access to tanning equip- 
ment. For the purpose of this definition 
tanning equipment registered to different 
persons at the same location and tanning 
equipment registered to the same person, 
but at separate locations, shall constitute 
separate tanning facilities. 

( 10) "Ultraviolet radiation" means 

electromagnetic radiation with wavelengths 
in air between 200 nanometers and 400 
nanometers. 

Statutory Authority G.S. l04E-7{ 7). 

.14(15 APPLICATION FOR REGISTRATION 
OF TANNING FACILITIES 



(a) Each person having a tanning facility on the 
effective date of this Rule shall apply for regis- 
tration of such facility no later than 60 days fol- 
lowing the effective date of this Rule. 

(b) Each person acquiring or establishing a 
tanning facility after the effective date of this Rule 
shall apply to the agency for registration of such 
facility prior to beginning operation. 

(c) The application required in (a) and (b) of 
this Rule shall be completed on forms provided 
by the agency and shall contain all the informa- 
tion required by such forms and any accompa- 
nying instructions. 

(d) The agency shall require at least the fol- 
lowing information on the forms provided for 
applying for registration of tanning facilities: 

( 1 ) name, physical address, mail address and 
telephone number of the tanning facility; 

(2) name(s), mail address(es) and telephone 
number(s) of the ovvner(s) of the tanning 
facility. 

(3) name(s) of the tanning facility operator(s) 
with a certification of each operator's 
training as provided in Rules .1418(g) and 
(h) of this Section; 

(4) the manufacturer(s), model number(s) 
and type(s) of ultraviolet lamp(s) or tan- 
ning equipment located at the tanning fa- 
cility; 

(5) name(s) of the tanning equipment 
supplier(s). installer(s) and service 
agent(s); 

(6) the geographic areas of the state to be 
covered, if the application is for a mobile 
tanning facility: 

(7) copies of any posted warnings or notices 
which are not required by thus Section and 
which address the safety and proper use 
of tanning equipment and protective de- 
vices; 

(8) copies of the consent forms and state- 
ments which the consumer, parent or 
guardian will be required to sign pursuant 
To ft+tk-, . 1 1 1 S ; ( C > Rule .1418(a) and (d) 
of this Section: 

(9) procedures which the operator(s) will be 
required to follow for the correct use of 
tanning equipment to include: in- 
structions to the consumer, use of protec- 
tive eyeware, suitability of prospective 
consumers for tanning equipment use, 
determination of duration of tanning ex- 
posures, periodic testing of tanning 
equipment and timers, handling of com- 
plaints of injury from consumers, and re- 
cords to be maintained on each consumer; 
and 



1410 



6: IS NORTH CAROLINA REGLSTER December 16, 1991 



PROPOSED RULES 



(10) certification that the applicant has read 
and understands the requirements of the 
Rules in this Section, such certification to 
be signed and dated by the manager and 
the owner ot the tanning facility. 

Statutory Authority G.S. I04E-7(7). 

.1418 RECORDS: REPORTS AND 

OPERATING RKQl IREMKNTS 

(a) Prior to initial exposure, the tanning facility 
operator shall provide each consumer the 
opportunity to read a copy of the warning spec- 
ified in Rule .1414(b) of this Section and request 
that the consumer sign a statement that the in- 
formation has been read and understood. For 
illiterate or visually impaired persons unable to 
sign their name, the warning statement shall be 
read by the operator, in the presence of a witness, 
and the witness and the operator shall sign the 
statement. 

(b) The registrant shall maintain a record of 
each consumer's total number of tanning visits 
and dates and durations of tanning exposures. 

(c) The registrant shall submit to the agency a 
written report of injury for which medical atten- 
tion was sought or obtained from the use of reg- 
istered tanning equipment within five working 
days after occurrence. The report shall include: 

( 1 ) the name of the affected individual, 

(2) the name and location of the tanning fa- 
cility involved, 

(3) the nature of the actual or alleged injury, 
and 

(4) any other information relevant to the ac- 
tual or alleged injury, to include the date 
and duration of exposure and any doc- 
umentation of medical attention sought 
or obtained. 

(d) The registrant shall not allow individuals 
under the age of 18 to use tanning equipment 
unless the individual provides a consent form and 
a statement, described in Paragraph (a) of this 
Rule, signed by that individual's parent or legal 
guardian. 

(c) The registrant shall replace defective or 
burned out lamps, bulbs or filters with a tvpe 
intended for use in the affected tanning equip- 
ment as specified by the manufacturer's product 
label and having the same spectral distribution 
(certified equivalent lamp). 



(f) The registrant shall replace ultraviolet lamps 
and bulbs, which are not otherwise defective or' 
damaged, at such frequency or after such dura- 
tion of use as may be recommended by the 
manufacturer of such lamps and bulbs. 

(g) The registrant shall certify that all tanning 
equipment operators are adequately trained in at 
least the following: 

(1) 



(2) 
(3) 
(4) 

(5) 
(6) 



the requirements of this Section, 
procedures for correct operation of the 
tanning facility and tanning equipment, 
recognition of injury or overexposure to 
ultraviolet radiation, 

the tanning equipment manufacturer's 
procedures for operation and maintenance 
of the tanning equipment, 
the determination of skin type of custom- 
ers and appropriate determination of du- 
ration of exposure to registered tanning 
equipment, and 

emergency procedures to be followed in 
case of injury, 
(h) Xev later than t-w-H- v ear ', after t+w effeetwe 
4*ri^ ef- th+* Rul e . Effective January _L 1993 the 
registrant shall allow operation of tanning equip- 
ment only by persons who have successfully 
completed formal training courses which cover 
the topics in Subparagraphs (g)( 1) to (6) of this 
Rule and have been approved by the agency. 

(i) The registrant shall maintain a record of 
operator training required in Paragraphs (g) and 
(h) of this Rule for inspection by authorized 
representatives of the agency. 

Statutory Authority G.S. l04E-7(7). 

.1419 fOMMI M CATION'S WITH THE 
AGENCY: AGENCY ADDRESS 

Applications for registration, reports, notifica- 
tions and other communications required by this 
Section shall be directed mailed to the Division 



of Radiation Protection Section. Division t-4 
rtfev Sen-ice;- . . P_ O. Box 27687, 704- Barbour 
lime. Raleigh, North Carolina 27603 21)08 
2761 1-7687 or delivered to the agency at hs office 
located at 3825 Barrett Drive. Raleiiih. North 



Carolina 27604-7221 



Statutory Authority G.S. 104E-7(7). 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1411 



RRC OBJECTIONS 



Tkc 


Rules 


Ri 


•view ( 


Commission 


i RRC) 


objected 


to 


tin 


• follow 


•ing 


tiles in accoi 


dance 


with 


G.S. 


I43B- 


30.2(c). 


Slate 


agencies are 


required to resp 


ond 


to 


RRC as provided in G.S 


143B- 


30.2 


d). 


1 emporary 


Rules or 


• noted by 


*". These Rules 


ha\ 


e already 


gone 


into effect. 









10 17 
10 17 

io r 

10 17 
10 17 
10 17 
10 17 
10 17 
10 17 



91 
91 
91 
91 
91 
91 
91 
91 
91 



ADMINISTRATION 

State Construction 

/ XCAC 30F .0101 - Authority RRC Objection 

I NCAC 30F .0103 - Definitions RRC Objection 

1 XCAC 30F .0202 - Pre- Bid Conferences and Site Reviews RRC Objection 

I NCAC30F .0301 - Definitions RRC Objection 

1 XCAC 30F .0302 - Overall Job Performance RRC Objection 

I \ ( 'AC 30F .0303 - Interim Contractor Evaluation RRC Objection 

I XCAC 301' .0303 - Report ( 'ompilation RRC Objection 

1 \CAC 30F .0401 - Post-Occupancy Evaluation RRC Objection 

1 XCAC 30F .0403 - Appeals of Assigned Eval or Disqual from Bidding RRC Objection 

AGRICLLTl RE 

Plant [ndustry 

2 XCAC 9.1/ .0001 - Manufacturer Registration 
Agency Revised Rule 

2 XCAC4SA .1701 - Definitions 

Agency Revised Rule 
2 XCAC 4X1 .1702 - Noxious Weeds 

.Agency Revised Rule 
2 XCAC 4SA .1703 - Regulated Areas 

Agency Revised Rule 
2 XCAC 4SA .1704 - Regulated Articles 

Agency Revised Rule 
2 XCAC 48E .0/01 - Definitions 

Agency Revised Rule 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Credit Union Division 

4 XCAC 6C .0311 - Surety Bond and Insurance Coverage RRC Objection II 21 91 

4 XCAC 6C .0401 - Delinquent Loans and Loan Losses RRC Objection II 21 91 

4 XCAC 6C .0402 - Charge-Off of Uncollectible Loans RRC Objection II 21 91 

4 XCAC 6C .0403 - Real Estate Loans RRC Objection II 21 91 

4 XCAC 6C .1301 - Liquidity Reserves RRC Objection II 21 91 



RRC Objection 


io n 


9/ 


Ob/. Removed 


10 // 


91 


RRC Objection 


10 17 


9/ 


Obj. Removed 


10 17 


91 


RRC Objection 


10 11 


91 


Obj. Removed 


10 17 


91 


RRC Objection 


10 17 


91 


Obj. Removed 


10 17 


91 


RRC Objection 


10 17 


91 


Obj. Removed 


10 17 


91 


RRC Objection 


io n 


91 


RRC Objection 


10 17 


91 



I mployment and I raininy 

* 4 XCAC 20B .0003 - Allocation of Grants 
No Response from Agency 

No Response from Agency 

* 4 XCAC 20B .0005 - Eligibility 
No Response from Agency 



A RRC Objection S 22 91 
9 19 91 

10 17 91 

A RRC Objection 8j22 91 
9 19 91 



1412 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



RRC OBJECTIONS 



No Response from Agency 

* 4 XCAC JOB .090? - Cost Limitations Categories 
1X0 Response from Agency 

No Response from Agency 

* 4 XCAC JOB .0908 - Reporting 
No Response from Agency 

No Response from Agency 

* 4 XCAC JOB .0909 - Performance Standards 
No Response from Agency 

No Response from Agency 

* 4 XCAC JOB .0911 - Fund Availability 
Xo Response from Agency 

No Response from Agency 

EDUCATION 

Elementary and Secondary Education 

16 XCAC 6B .0001 - School Bus Drivers 

Agency Revised Rule 
16 XCAC 6D .0103 - Graduation Requirements 

No Response from Agency 

* 16 XCAC 6 E .0301 - Driver Training 
Agency Responded 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 

ISA XCAC I6A .0304 - Financial Eligibility 

Xo Response from Agency 

Agency Responded 

Xo Response from Agency 
ISA XCAC 16 A .0806 - Billing the 1 1 IV Health Services Program 

No Response from Agency 

Agency Responded 

So Response from Agency 

Coastal Management 



A RRC Objection 



A RRC Objection 



A RRC Objection 



A RRC Objection 



10I17J91 
8/22J91 
9/19/9/ 

10/17/91 
8122/91 
9/19/91 

10/17/91 
8/22/91 
9/19/9/ 

10/17/91 
8/22/91 
9/19/91 

10/17/91 



A RRC Objection 
Obj. Removed 
A RRC Objection 

A RRC Objection 
Obj. Removed 



9/19/91 
10/17/91 

9/19/91 
10/17/91 

8/22/91 

9/19/9/ 
10/17/91 



A RRC Objection 

No Action 
Xo Action 
A RRC Objection 

Xo Action 
Xo Action 



1/18/91 
2 1 25/9 1 
3/21/91 
4/18/91 

I US/91 
2/25/9/ 
3/21/91 
4/18/91 



ISA XCAC 7 J .0301 - Who is Entitled to a Contested Case Hearing 

\o Response from Agency - Rule Returned to Agency- 
ISA XCAC 7 J .0302 - Petition for Contested Case Hearing 

No Response from Agency - Rule Returned to Agency- 
ISA XCAC 7 J .0402 - Criteria for Grant or Denial of Permit Applications 
ISA XCAC 7M .0201 - Declaration of General Policy 
ISA XCAC 7M .0202 - Policy Statements 
ISA XCAC 7M .0303 - Policy Statements 
ISA XCAC 7M .0403 - Policy Statements 
ISA XCAC 7M .090/ - Declaration of General Policy 



A RRC Objection 
A RRC Objection 



RRC 
RRC 
RRC 
RRC 
RRC 
RRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



9119/91 
10117191 

9IJ9/9I 
10 17 91 

10; 17/91 
10/17/91 
10/17/91 
10/17/91 
10 17/91 
10 17 91 



Environmental Management 



15 A XCAC JD .1102 - Applicability 



A RRC Objection 8 J J 91 
No Action 9/19/91 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1413 



RRC OB.1ECTIOSS 



Agency Revised Rule 
ISA SCAC 2D .1208 - Operator Training Requirements 

Agency Withdrew Rule 

Forest Resources 

ISA XCAC 9C .1007 - America the Beautiful Grant Program 
Agency Revised Rule 

Health: Epidemiology 

ISA SCAC 19 A .0202 - Control Measures -HIV 
ISA XCAC I9H .0702 - Research Requests 

Wildlife 

ISA SCAC JOA .1001 - Particular Offenses 
Agency Revised Rule 

HI MAN RESOURCES 

Aging 

10 XCAC 22M .0/01 - Scope of Care Management 

Agency Revised Rule 
10 XCAC 22M .0102 - Definitions 

Agency Revised Rule 
10 XCAC 22M .0103 - Target Population 

Agency Revised Rule 
10 XCAC 22M .0203 - Assessment and Reassessment 

Agency Revised Rule 
10 XCAC 22M .0204 - Care Planning 

Agency Revised Rule 
10 XCAC 22X .0101 - Definitions for Confidentiality of Client Data 

Agency Revised Rule 
10 XCAC 22X .0203 - Security of Records 

Agency Revised Rule 
10 XCAC 22X .0208 - Client Access to Records 

Agency Revised Rule 

Children s Sen ices 

10 XCAC 411 .03^4 - Recehing Info: Initiating Prompt Invest of Rpts 

Agency Revised Rule 
10 XCAC -III .0406 - Responsibility for Training of Team Members 

Pending Coireclion 

Economic Opportunity 

* 10 XCAC SIT .0102 ■ Definitions 
A o Response from Agency 
Agency Responded 

* 10 XCAC SIT .0202 - Ineligible Acthities 
Xo Response from Agency 

Agency Responded 



Obj. Removed 10 17 91 

ARRC Objection 8 22 91 

Xo Action 9 19 91 

10 /? 91 



ARRC Objection 9 19 9/ 
Obj. Removed 9 19 91 



RRC Objection 10 17 91 
RRC Objection 112191 



ARRC Objection 9 19 91 
Obj. Removed 9 19 91 



ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



9 19 91 
10 17 9/ 

9 19 91 
10 17 91 

9 19 91 
10 17 91 

9 19 91 
10 17 91 

9 19 91 
10 17 91 

9 19 91 
10 17 91 

9 19 9/ 
10 17 9/ 

9 19 91 
10 17 91 



RRC Objection 10 17 91 

Obj. Removed 10 I" 91 

ARRC Objection 7 IS 91 

8 22 91 



ARRC Objection 8 22 9/ 
9 19 9/ 

No Action 10 17 91 

ARRC Objection 8 22 9/ 
9 19 91 

Xo Action 10 17 91 



1414 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



RRC OBJECTIONS 



* 10 XCAC 51 F .0402 - Eligibility Requirements 
Xo Response from Agency 

Agency Responded 

* 10 XCAC 5 IF .0501 - Grant Agreement 
No Response from Agency 

Agency Responded 

Facility Services 

10 XCAC 3C .1027 - Brain Injury Extended Care Phys Services 
Agency Revised Rule 

10 XCAC 3 J .2905 - Personal Hygiene Items 
10 XCAC 3 J .3202 - Health Screening Form 

Agency Revised Rule 
10 XCAC 3 J .3926 - Health Screening Form 

Agency Revised Rule 
10 XCAC 3 U .0604 - General Safety Requirements 

Agency Revised Rules 
10 XCAC 3U .0804 - Infectious and Contagious Diseases 

Agency Revised Rules 

Individual and Family Support 

10 XCAC 4211 .0908 - Competency Requirements 

Agency Revised Rule 
10 XCAC 4211 .0909 - Time Frames for Completing Competency Req. 

Agency Revised Rule 
10 XCAC 42 H .0911 - Selection of Aides 

Agency Revised Rule 
10 XCAC 4211 .0913 - Quality Assurance Requirements 

Agency Revised Rule 

Medical Assistance 



A RRC Objection 8 1 22, 91 
9j 19,91 

Xo Action 10; 17 91 

A RRC Objection 8/22191 
9/19 91 

Xo Action 10,1791 



RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/17 91 
10/17 91 
10:17 91 
10/17/91 
10/17 91 

10/17-91 

10/17 91 

8 22 91 
9/19,91 
8122 91 
9/19,91 



10 17 91 
10,17 91 

10/17,91 

10/17 9/ 

101/7 91 

10 17 9/ 
10/17 9/ 
10/17 91 



10 XCAC 26H .0108 - Reimbursement Methods' State-Operated Facilities RRC Objection 10:17 91 

10 XCAC 50B .0305 - Deprivation ARRC Objection 8/22 9/ 

Agency Revised Rule Obj. Removed 8,22 91 

Mental Health: General 



10 XCAC I4K .0103 - Definitions 

Agency Revised Rule 
10 XCAC I4K .0320 - Incident Reporting 

Agency Revised Rule 
10 XCAC I4K .0337 - Emergency Care Permission 

Agency Revised Rule 
10 XCAC I4K .0351 - Administration of Medication 

Agency Revised Rule 
10 XCAC 14M .0206 - Day Services 

Agency Revised Rule 
10 XCAC I4M .0209 - Community Resources 

Agency Revised Rule 
10 XCAC I4M .0409 - Community Resources 

Agency Revised Rule 
10 XCAC 140 .03/0 - Provision of Appropriate Act'nities 



ARRC Ob/ection 9,19 9/ 

Obj. Removed 9/19 91 

ARRC Objection 9/19,9/ 

Obj. Removed 9,19 91 

ARRC Objection 9/19 91 

Obj. Removed 9:19 91 

ARRC Objection 9 19 91 

Obj. Removed 9 19 9/ 

ARRC Ob/ection 9,19 9/ 

Obj. Removed 9.19 <>/ 

ARRC Ob/ection 9 19 <) I 

Obj. Removed 9, 19 91 

ARRC Objection 9/19 91 

Obj. Removed 9,09 9/ 

ARRC Objection 9/19/91 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1415 



RRC OBJECTIONS 



Agency Revised Rule 
10 SCAC 14P .0101 - Scope 

Agency Revised Rule 
10 SCAC I4P .0102 - Definitions 

Agency Revised Rule 
10 SCAC 14(2 .0101 - Policy Rights Restrictions Interventions 

Agency Revised Rule 
10 SCAC I4R .0/04 - Seclusion Restraint Isolation Time Out 

Agency Revised Rule 
10 SCAC 14 R .0/05 - Protective Devices 

Agency Revised Rule 
10 SCAC 14S .0102 - Communication Rights 

Agency Responded 
10 SCAC I4S .0103 - Living Environment 

Agency Responded 

Mental Health: Other Programs 



Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 

A RRC Objection 



9119191 
9119/91 
9119/91 

9 19 91 
9J19I91 
9j 19'91 
9119/91 
9 19, 91 
9/19/91 
9/19/91 
9/19/91 
9/19191 

10/17191 
9 19/91 

10/17/91 



10 SCAC ISA .012" - Certification 

Agency Revised Rule 
10 SCAC ISA .0128 - Out-of-Compliance finding 

. tgency Revised Rule 
10 SCAC ISA .0135 - Appeals and Doners 

Agency Revised Rule 
10 SCAC ISL .0603 - Svc Purpose Eligibility Requirements 

Agency Revised Rule 
10 SCAC ISM .0704 - Staff Requirements 

Agency Revised Rule 
10 SCAC ISO .0809 - Agreement Between Resident and Program 

Agency Revised Rule 

JUSTICE 

Criminal Information 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 



10/17:91 

10 17 91 

10/17191 
10/17/91 
10/17/91 
10/17/91 
9 19/9 7, 
9 19, 9/ 
9 19 91 
9 19 91 

9 19/91 
9/19 9/ 



12 SCAC 4E .0103 - Advisory Policy Board 

Agency Revised Rule 
12 SCAC 4E .0/04 - Definitions 

Agency Revised Ru/e 
12 SCAC 4E .01 Oh - Manuals 

Agency Revised Rule 
12 SCAC 4E .0203 - Son-Terminal Access 

Agency Revised Rule 
12 SCAC 4E .0301 - User Agreement 

Agency Revised Rule 
12 SCAC 4E .0302 - User Access Eee Agreement 

Agency Revised Rule 
12 SCAC 4E .0401 - DCl Terminal Operator 

Agency Revised Rule 
12 SCAC 4 E .0403 - Suspension Revocation of Operator Certification 

Agency Revised Ru/e 
12 SCAC 4E .0203 - Hit Confirmation 

Agency Revised Rule 
12 SCAC 4E .0301 - Arrest fingerprint Card 



A RRC Objection 9/19/91 

Obj. Removed 9/19/91 

A RRC Objection 9 19 91 

Obj. Removed 9/19/91 

A RRC Objection 9 19/91 

Obj. Removed V 19 91 

A RRC Objection 9/19/91 

Obj. Removed 9 19, 91 

ARRC Objection 9/19/91 

Obj. Removed 9 19 91 

ARRC Objection 9 19 9/ 

Obj. Removed 9 19 9/ 

ARRC Objection 9 19/91 

Obj. Removed 9 19 01 

ARRC Objection 9 19 01 

Obj. Removed 9 19/91 

ARRC Objection 9 19 91 

Obj. Removed 9/ 19/91 

ARRC Objection 19/91 



1416 



6: IS NORTH CAROLINA REGISTER December 16, 1991 



RRC OBJECTIONS 



Agency Revised Rule 
12 NCAC 4E .0404 - Ind's Right Review His Her Crim History Record 

Agency Revised Ride 
12 NCAC 4F .0405 - Use CCH Lie A 'on- Criminal Justice Emp Purposes 

Agency Revised Rule 
12 NCAC 4F .0501 - Expungements 

Agency Revised Rule 
12 NCAC 4G .0/02 - Penally Provisions 

Agency Revised Rule 
12 NCAC4G .020/ - Notice of Violation 

Agency Revised Rule 
12 NCAC 40 .030/ - Informal Hearing Procedure 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

Architecture 

21 NCAC 2 .02// - Unauthorized Practice 

Agency Revised Rule 
21 NCAC 2 .060/ - Committee on Investigations 

Agency Revised Rule 

Certified Public Accountant Examiners 

* 21 NCAC SG .05/3 - Firm Name 
\ lcctrolysis Examiners 

* 21 NCAC 19 .0202 - App Licensure Eleclrologist Practicing: I 1 92 
Practicing Psychologists 



Obj. Removed 9/ 19,91 

A RRC Objection 9.19 91 

Obi. Removed 9/19191 

A RRC Objection 9; 19 91 

Obj. Removed 9 19,91 

A RRC Objection 9/19 91 

Obj. Removed 9; 19 91 

A RRC Objection 9/9 9/ 

Obj. Removed 9/19,91 

A RRC Objection 9 ; /9 91 

Obj. Removed 9/19,91 

A RRC Objection 9/19,91 

Obj. Removed 9, 19/91 



RRC Objection 10,17,91 
Obj. Removed 10 17 91 
A RRC Objection 919.9/ 
Obj. Removed 9, 19 9/ 



RRC Objection 10 17 91 



RRC Objection 1/2/9/ 



21 NCAC 54 .1701 - Information Required 

Agency Revised Rule 
21 NCAC 54 .2/03 - Reinstatement 

Agency Revised Rule 

STATE PERSONNEL 

Office of State Personnel 

25 NCAC II. .0301 - Purpose 



A RRC Objection 8 22 91 

Obj. Removed 9/19,91 

A RRC Objection S 22 9/ 

Obj. Removed 9 19 9/ 



RRC Objection 1/2/9/ 



6:18 NORTH CAROLINA REGISTER December 16, 1991 



1417 



RULES INVALIDATED BY . JUDICIAL DECISION 



1 his Section of the Remitter lists the recent decisions issued by the North Carolina Supreme Court, 
Court oj Appeals. Superior Court ; when available), and the Office of Administrative Hearings which 
invalidate a nde in the Xorth Carolina Administrative Code. 



ISA NCAC 7J .0301 - WHO IS ENTITLED TO A CONTESTED CASH HEARING 

Thomas R. West. Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
15A NCAC 07J .0301(h) void as applied in Lucy R. Hanson. Stanley P. and Jean C Szwed, Petitioners 
v. X.C. Department of Environment, Health, and Natural Resources, Division of Coastal Management, 
Respondent (91 EHR 0551, 91 MIR 0557). 

ISA NCAC 21D .0802(b)(2) - AVAILABILITY 

Robert Roosevelt Reilly Jr.. Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 15A NCAC 21D .0802(b)(2) void as applied in Wilson's Supermarket -12. Petitioner v. 
Department of Environment, Health, and Natural Resources, Respondent (91 EHR 0795). 

ISA NCAC 21 D .OSOS - DECISION 

Thomas R. West. Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
15A NCAC 21D .0805 void as applied in Glenn /:'. Davis Davis Grocer}'. Petitioner v. X.C. Department 
of Environment, Health, and Xatural Resources. Division oj Maternal and Child Health. WIC Section, 
Respondent (91 EHR 0694). 



1418 6:18 NORTH CAROLINA REGISTER December 16, ! 99 1 



NORTH CAROLINA ADMINISTRA THE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code 'NCAC/ has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the AC.IC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIVISIONS OF THE NOR III CAROLINA ADMINISTRATIVE (ODE 



TITLE DEPARTMENT 



1 


Administration 


5 


Agriculture 


3 


Auditor 


4 


Economic and Community 




Development 


5 


Correction 


6 


Council of State 


7 


Cultural Resources 


8 


Flections 


9 


Governor 


10 


Human Resources 


1 1 


Insurance 


12 


Justice 


13 


Labor 


I4A 


Crime Control and Public Safety 


15A 


Environment, Health, and Natura 




Resources 


16 


Public Education 


17 


Revenue 


18 


Secretary' of State 


19A 


Transportation 


20 


Treasurer 


"21 


Occupational Licensing Boards 


n 


Administrative Procedures 


23 


Community Colleges 


24 


Independent Agencies 


25 


State Personnel 


26 


Administrative I learinas 



LICENSING BOARDS 



CHAPTER 



Architecture 2 

Auctioneers 4 

Barber Examiners 6 

Certified Public Accountant Examiners 8 

Chiropractic Examiners 10 

General Contractors 12 

Cosmetic Art Examiners 14 

Dental Examiners 16 

Electrical Contractors 18 

Foresters 20 

Geologists 2 1 

Hearing Aid Dealers and litters 22 

Landscape Architects 26 

landscape Contractors 2,8 

Marital & Family Therapy 31 

Medical Examiners 32 

Midwifery' Joint Committee 33 

Mortuary Science 34 

Nursing 36 

Nursing Home Administrators 37 

Occupational Therapists 38 

Opticians 4(1 

Optometry 42 

Osteopathic Examination and 44 

Registration (Repealed) 

Pharmacy 46 

Physical "Therapy Examiners 48 

Plumbing. Heating and Tire Sprinkler 50 

Contractors 

Podiatry Examiners 52 

Practicing Counselors 53 

Practicing Psychologists 54 
Professional Engineers and Land Surveyors 56 

Real Estate Commission 58 

Refrigeration Examiners M) 

Sanitarian Examiners 62 

Social Work 63 

Speech and I anguage Pathologists and 64 

Audiologists 

Veterinary Medical Board 66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



6.1S NORTH CAROLINA REGISTER December 16, 1991 



1419 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1991 - March 1992) 



1991 - 1092 

Pages Issue 

1 - 44 1 - April 

44 - 99 2 - April 

100 - 185 3 - May 

1X6 - 226 4 - May 

227 - 246 5 - June 

247 - 325 6 - June 

326 - 3"3 7 - July 

374 - 463 S - July 

464 - 515 - August 

516 - 6" , 7 10 - August 

67S - 721 11 - September 

722 - 783 12 - September 

784 - ^23 13 - September 

024 - 980 14 - October 

981 - 11D7 15 - November 

1108 - 1275 16- November 

12^6 - 1300 17 - December 

1301 - 1423 IS - December 



AO - Administrative Order 

\G - Attorney General's Opinions 

< - Correction 

I R - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NT - Notice o( Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

IR - Temporary Rule 



ADMINISTRATION 

State Construction. 465 PR 

State Employees Combined Campaign. 024 PR 

ADMINISTRATIVE HEARINGS 

Hearings Division, 310 PR 
Rules Division, 665 PR 

ADMINISTRATIVE ORDER 

Administrative Order. 026 AO 

AGRICULTURE 

Food and Drue Protection Division. 576 PR. "25 PR, 1303 PR 



1420 6:1S NORTH CAROLINA REGISTER December 16, 1991 



CUMULA Til E INDEX 



Markets, 576 PR 

North Carolina State 1 air, 576 PR 

Pesticide Board, 725 PR 

Plant Industry, 102 PR, 469 PR, 576 PR 

CORRECTION 

Division of Prisons, 35 FR, S7 PR. 209 1 R, 700 PR, 938 PR 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, Division of, 809 PR 

CULTURAL RESOURCES 

Archives and History, 932 PR 
State Library. 686 PR 

ECONOMIC AND COMMl NITY DEVELOPMENT 

Alcoholic Beverage Control Commission, 4 PR 

Community Assistance, 104 PR 

Credit Union Division. 231 PR, 68.3 PR, 1 108 PR 

Employment and Training, 500 PR 

Savings Institutions Division, 984 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 299 PR, 1139 PR 

Environmental Management, 107 ]>r. 271 PR. 447 PR, 1061 PR. 1315 PR 
Forest Resources, 300 PR 

Governor's Waste Management Board. 1277 PR 
Health: F.pidemioloay, 28 PR. 341 PR. 735 PR, 1279 PR 
Health Sen-ices, 9 P~R, 327 PR, 727 PR, 815 PR 
land Resources. 404 PR, SI0 PR 
Marine Fisheries. 122 PR. 690 PR 
Parks and Recreation. 693 PR 
Radiation Protection, 1367 PR 
State Registrar. 734 PR 
Water Treatment Facility Operators, 495 PR 

Wildlife Resources Commission, S4 PR, 170 PR, 198 PR, 301 PR. 647 PR, 692 PR, 1062 PR, 
1323 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 48, 230, 24S. 326, 464. 516, 681, 722. 806, 927, 1301 

GENERAL STATUTES 

Chapter 150B, 784 GS 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 45. 100, 1S6, 227, 247, 374. 67S, 804, 924, 981, 1276 

HUMAN RESOURCES 

Aging, Division of. 72 PR. 422 PR 

Blincf. Sen ices for, 6S6 PR 

Departmental Rules, 1114 PR 

Economic Opportunity, 604 PR, 6S9 PR 

Facility Services. 104 PR, 471 PR, 502 PR, 1035 PR 

Medical Assistance, 9 PR, 1 12 PR, INS PR, 232 PR, 250 PR. 430 PR. 402 PR. 601 PR, 688 PR. 

726 PR, S07 PR, 932 PR, 1036 PR, 1277 PR 
Mental Health. Developmental Disabilities and Substance Abuse Services, 5 PR, 49 PR, 375 VR, 

440 1 R 
Social Services. 116 PR, 1030 PR 



6:18 NORTH CAROLINA REGISTER December 16, 1 99 1 1421 



CUMULATIVE INDEX 



INDEPENDENT AGENCIES 

Safety and Health Review Board of North Carolina, 1069 PR 

INSURANCE 

Actuarial Sen-ices Division. 119 PR, 1060 PR 
Aacnt Sen-ices Division. 1056 PR. 1303 PR 
Financial Evaluation Division, 933 PR, 1308 PR 
Life and Health Division, 430 PR, 1114 PR 
Special Senices Division. 84 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 607 PR 
Private Protective Services. 121 PR 
Sheriffs Standards Division, 61S PR 
State Bureau of Investigation, 250 PR 

LABOR 

Boiler and Pressure Vessel. 1310 PR 

Occupational Safety and Health. 1138 PR. 1309 PR 

LICENSING BOARDS 

Architecture, Board of, 30 PR, 232 PR 

Certified Public Accountant Examiners, 201 PR, 935 PR. 1 141 PR 

Cosmetic Art Examiners, 653 PR, 1066 PR 

Electrolysis Examiners, Board of, 737 PR 

Geologists. Board of. 654 PR 

Hearing Aid Dealers and litters. 406 PR, 655 PR 

I andscape Contractors' Registration Board. 665 PR 

Medical Examiners, Board of, 304 PR, 363 PR. 035 PR 

Nursing. Board of. 305 PR 

Optometry, Board of Examiners, 1068 PR 

Pharmacy", Board of. 201 PR 

Physical Therapy Examiners. Board of, M PR, 363 PR 

Practicing Psychologists Examiners, 203 PR 

Professional Engineers and I and Suneyors. 407 PR 

Real Estate Commission. 171 PR, 500 PR 

LIST OF RULES CODIFIED 

I ist of Rules Codified, 89. 215, 314. 451, 504, 711, 907, 1087, 1281 

PUBLIC EDUCATION 

Elementary and Secondary, 20 PR. 199 PR. 303 PR. 604 PR, 1140 PR 

REVENUE 

Corporate Income and Franchise Tax Division, 816 ER 

Departmental Rules. 968 PR 

Individual Income, Inheritance and Gift Tax Division. 739 FR 

Individual Income Tax Division. 234 ER, 747 FR 

Intangibles Tax Division, 766 FR, 969 FR 

I icense and Excise Tax Division, 740 FR, 060 PR 

Motor Fuels Tax Division. 768 FR 

Property Tax Commission. 210 FR 

Sales and Use Tax, 817 ER 

SECRETARY OF STATE 

Securities Division, 85 PR 

STATE PERSONNEL 

Office of State Personnel. 696 PR, I0S2 PR 



1422 6:1S NORTH CAROLINA REGISTER December 16, 1991 



CUMULA THE INDEX 



State Personnel Commission. 172 PR, 364 PR 

STATE TREASURER 

Retirement Systems, 736 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 5 1 S SO 

TRANSPORTATION 

Assistant Secretary For Management. 1254 FR 

Assistant Secretary I or Planning. 125 c ' I R 

Departmental Rules, 1142 I R 

Division of Highways, 1 146 FR 

Division of Motor Vehicles, 213 FR, 502 FR, 701 FR, 773 FR, 1229 PR 



6:18 NORTH CAROLINA REGISTER December 16, 1991 1423 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15.000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars (S750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



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1 

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2 

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4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 
10 
10 

Id 
10 
10 
10 

10 
10 

111 

10 
10 
10 

1 1 

12 
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!5.\ 
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1 - 37 
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45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




i: 




13 




14 




15 




16 




17 




18 




19 




20 




21 




I -> 




23 




24 




25 




26 




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28 




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30 




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38 






Continued 



\ olumc 


Title 


( haptcr 


Subject Su 


New 
ascription* 


Quantity 


lotal 
Price 


39 


15A 
15A 

16 

r 

17 

IX 

19A 

2H 
21 
21 
21 
2 > 

23 
24 
25 

26 


11 - is 
19 - 26 

1 - 6 
1 - 6 

7-11 

1 - 8 

1 - 6 

1 - 9 

1 - 16 

r - r 

38 - 70 
1 . -> 

1 _ -> 
1 - 3 

1 - 4 


1 [INR 

1 11\R 

(includes Breathalizer) 
Education 
Revenue 
Revenue 

Secretary of State 
Transportation 
Treasurer 
I icensing Boards 
I icensing Boards 
I icensing Boards 
Administrative Procedures 
Community Colleges 
Independent Agencies 
State Personnel 
Administrative I [carinas 


90.00 

75.00 
30.00 
75.00 
60.00 
30.00 
90.00 
45.00 
75.00 
75.00 

75.00 
10.00 
10.00 
60.00 
10.00 






4i i 






41 






42 






43 






44 






45 






V 






4" 






4S 






49 






5u 






51 






52 






53 







(North Carolina Subscribers add 6"u sales tax) 



Total 



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